The War Powers of the President And the Legislative Powers of Congress in Rela

Cover The War Powers of the President And the Legislative Powers of Congress in Rela
The War Powers of the President And the Legislative Powers of Congress in Rela
William Whiting
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Whether these and similar proceedings are, or are not, in violation of any civil rights of citizens under the constitution, are questions to which the answers depend on the construction given to the war powers of the Executive. Whatever any commander-in-chief, in accordance with the usual practice of carrying on war among civilized nations, may order his army and navy to do, is within the power of the President to order and to execute, because the constitution, in express terms, gives him the s...upreme command of both. If he makes war upon a foreign nation, he should be gov- erned by the lav. ' of nations ; if lawfully engaged in civil war, he may treat his enemies as subjects and as belligerents.
The constitution provides that the government and regulation of the land and naval forces, and the treatment of captures, should be according to law ; but it imposes, in express terms, no other qualification of the war power of the President. It does not prescribe any territorial limits, within the United States, to which his military operations shall be restricted ; nor to which the picket guard, or military guards (sometimes called provost marshals') shall be confined.


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