What did the Founders believe about war powers?
War should be a collective judgment between Congress and the President.
What powers does Congress have under Article I, Section 8?
Declare war, issue letters of marque, regulate captures, define/punish international crimes, raise and fund armies (2-year limit), maintain a navy, and regulate militias.
What powers does the President have under Article II, Section 2?
Commander-in-Chief of Army, Navy, and state militias when called into service.
Difference between “make war” and “declare war”?
Congress declares war; the President can make or conduct it once authorized or in self-defense.
Creek Indians (Washington): Key principle?
“No offensive expedition of importance can be undertaken without Congress.”
Barbary Pirates (Jefferson): What could the President do?
Take defensive action without Congress but not go “beyond the line of defense.”
War of 1812 (Madison): Presidential power?
The President decides when an emergency has arisen—his discretion is conclusive.
Mexican War (Polk): What concept emerged?
First-mover advantage—President initiates hostilities, forcing Congress to react.
How did Lincoln expand executive power?
Suspended habeas corpus, detained civilians, censored press, blockaded ports, issued Emancipation—all under Commander-in-Chief powers.
Judicial response to Lincoln?
Ex parte Merryman (1861) and Milligan (1866) limited him; Prize Cases (1863) upheld his blockade.
Congressional response to Lincoln?
Often retroactively approved Lincoln’s unilateral actions.
Q: Cleveland and Spain?
There will be no war with Spain… while I am president.” — restraint in executive power.
TR & Taft: how did they justify troop deployment?
Protecting American lives and property; defending “vital national interests.”
Wilson (WWI): relationship with Congress?
Sought broad Congressional backing; blurred line between defense and offense but wanted unified national support.
FDR’s conventional actions?
Lend-Lease Act; formal declarations of war.
FDR’s unconventional actions?
“Destroyers for Bases” deal—acted without prior congressional authorization.
Korean War: Legal basis?
Cited UN Security Council Resolution; claimed it wasn’t technically a “war.”
Gulf of Tonkin Resolution (Vietnam)?
Gave President authority to take “all necessary measures” to repel attacks—massive blank check.
War Powers Resolution (1973): 3 key limits?
President must consult Congress “in every possible instance.”
Force only if: (a) war declared, (b) specific statutory authorization, or (c) emergency attack.
90-day limit unless Congress approves further action.
Grenada (Reagan, 1983): What was Congress’s reaction?
Passed resolution condemning invasion as violation of international law.
Reagan’s justification?
Cited Commander-in-Chief power and duty to protect foreign relations.
Bush 41 (Gulf War): Position on war powers?
Sought congressional support but said it didn’t change the executive’s long-standing view of independent authority.
Clinton (1990s): pattern of action?
Troops to Haiti, Bosnia; air strikes in Bosnia, Iraq, Afghanistan, Sudan—claimed authority as Commander-in-Chief and foreign policy leader, while consulting Congress.
G.W. Bush (2001–2008): Key features?
War on Terror emphasized secrecy and broad definitions of national security.
