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3.
"To provide for calling forth the Militia to execute
ARCNIVES *MATIONAS RECORDS AMO
the Laws of the Union, suppress Insurrections and
repel Invasions; (cl. 15)
"To provide for organizing, arming, and disciplining,
the Militia, and for governing such Part of them as
may be employed in the Service of the United States
(cl. 16)
"To make all Laws which shall be necessary and proper
for carrying into Execution the foregoing Powers and
all other Powers vested by this Constitution in the
Government of the United States, or in any Department
or Officer thereof. n (cl. 18)
Reliance is also placed on the provision concerning appropriations:
"No Money shall be drawn from the Treasury, but in
Consequence of Appropriations made by Law
(Art. I, sec. 9, cl. 7)
The conclusion here reached is that the President clearly has power
to send troops abroad if in his judgment that action is in the national
interest. Further, it seems doubtful whether Congress has the constitu-
tional power to limit the President's freedom of action in disposing of
the forces under his command.
The following further conclusions are reached on particular matters
bearing on the main conclusion.
A. Court decisions are not decisive of the question but support the
President's power as far as they go. A Supreme Court Justice sitting alone
as a trial judge rendered the only decision which is a square holding.
It
supports the President's power. So also does general language in a few
other cases, including at least one in the Supreme Court.
B. The question of power must be answered primarily by a considera-
tion of history -- what Presidents have done and said and what Congress
has done and said -- and by a consideration, against this background,
- 2 -
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Context sent to Scholar
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"ocrText": "3.\n\"To provide for calling forth the Militia to execute\nARCNIVES *MATIONAS RECORDS AMO\nthe Laws of the Union, suppress Insurrections and\nrepel Invasions; (cl. 15)\n\"To provide for organizing, arming, and disciplining,\nthe Militia, and for governing such Part of them as\nmay be employed in the Service of the United States\n(cl. 16)\n\"To make all Laws which shall be necessary and proper\nfor carrying into Execution the foregoing Powers and\nall other Powers vested by this Constitution in the\nGovernment of the United States, or in any Department\nor Officer thereof. n (cl. 18)\nReliance is also placed on the provision concerning appropriations:\n\"No Money shall be drawn from the Treasury, but in\nConsequence of Appropriations made by Law\n(Art. I, sec. 9, cl. 7)\nThe conclusion here reached is that the President clearly has power\nto send troops abroad if in his judgment that action is in the national\ninterest. Further, it seems doubtful whether Congress has the constitu-\ntional power to limit the President's freedom of action in disposing of\nthe forces under his command.\nThe following further conclusions are reached on particular matters\nbearing on the main conclusion.\nA. Court decisions are not decisive of the question but support the\nPresident's power as far as they go. A Supreme Court Justice sitting alone\nas a trial judge rendered the only decision which is a square holding.\nIt\nsupports the President's power. So also does general language in a few\nother cases, including at least one in the Supreme Court.\nB. The question of power must be answered primarily by a considera-\ntion of history -- what Presidents have done and said and what Congress\nhas done and said -- and by a consideration, against this background,\n- 2 -"
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