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    "title": "Report, Power of the President to Send Troops Abroad",
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    "ocrText": "NATIONAL\nARCHIVES RECORDS AND\n.\nSERVICE\nPresident 's action on such proposed orders is based on \"certain powers\nferred by the Constitution on him as Commander-in-Chie and as the Nation's\norgan in foreign affairs\neither or both\" (pp. 109-110). Therefore\nthe ensuing order of the Board is not subject to judicial review, notwith-\nstanding the literal terms of the statute. (5-4 decision.)\nSwaim V. United States, 28 Ct. Cl. 173 (1893) (affirmed 165 U. S. 553) :\nA statute authorizing military officers of specified ranks to convene courts-\nmartial must be construed as giving that power to the President also.\n\"Congress may increase the Army, or reduce the Army,\nor abolish it altogether; but so long as we have a\nmilitary force Congress can not take away from the\nPresident the supreme command\nthe President\ncan not, under the disguise of military orders, evade\nthe legislative regulations by which he in common with\nthe Army must be governed; and Congress can not in the\ndisguise of 'rules for the government' of the Army\nimpair the authority of the President as commander in\nchief\" (p. 221).\nThe Prize Cases, 67 U. S. (2 Black) 635 (1863) : The President \"has no\npower to initiate or declare a war\" (p. 668) but upon the outbreak of the\nCivil War, the degree of force to be used by the President in putting down\nthe insurrection was \"a question to be decided by him /italics in the origi-\nnal7, and this Court must be governed by the decisions and acts of the politi-\ncal department of the Government to which this power was entrusted\" (p. 670).\n(The basic question was the validity of the Northern blockade of Southern\nports.)\n3. Presidential Use of Troops Outside the Country Without Congressional\nAuthority.\nPresidents have used troops outside the country without congressional\napproval in more than a hundred instances dating from early in our history.\nWhile voices have been raised from time to time in disagreement and Presidents\n- 7 -"
}