Presidential Powers: WarMaking and Emergencies Pt' 1

1
Presidential Powers War-Making and
Emergencies(Pt. 1)
2
I. In Each Case, Consider

• Basis of Presidents Claim to Authority

- Constitution? Statute? Necessity?

• How Deferential (or Not) the Court Is

- In particular, in post-9/11 cases

• Its Characteristics, Political Implications

- Recall characteristics of foreign affairs
- How Constitution assigns war powers
3
II. Power over Things

• The Prize Cases (1863)

- Circumstances behind the case
- Prize and capture
How does it work? What legitimates it?
- Which branch decides when war exists?
Congress? President? Court?
- Dissent presidents personal war

• Compare to Cases in Chapter 4

- Youngstown (1952) NY Times v. U.S. (1971)
4
III. Power over Persons (Pre-9/11)

• Particular Executive Actions in Each Case

• Civil War

- Ex parte Merryman (1861)
Habeas corpus petition
- Ex parte Milligan (1866)
Habeas corpus military courts

• World War II

- Korematsu v. U.S. (1944)
Exclusion from (military) areas
5
(No Transcript)