has to make sure that Congress' legislative programs aren't undermined Ct. also relies on power of presidency”; “protective idea is that Prez must have power to protect framework of government generally seen as a power in C2. Like the sole organ power. We don’t know exactly where it comes from or what its limits are. Notion about appropriate role for the executive. See Vinson's dissent in Youngstown Expands President’s powers, at in C2, sounds of silence Debs (1895) Facts: Strike, blocking mail and commerce. President decides to send in troops, then brought suit in federal court seeking injunction against strike (no law allowing injunction in this context). Majority Court inferred ability to grant injunction because President was acting in protective, Neagle-like function. High water mark of how far Court was willing to go in allowing President to use this kind of power. Congressional Powers Bas v. (1800) Important from historical perspective, but not clear how much weight it holds today Facts: Congress’s series of naval measures allow different compensation scheme for salvage. Conflict of statutes – does first or second apply? Majority: Court finds that the second (later in time) applies. Ct. assumes that Congress, under it’s power to declare war, has plenary control over the scope of war (subject to the LON); Court upholds Congress’s ability to define the scope of the war Perfect (full scale war) v. imperfect war (more limited war) Congress is recognized as having a power to be able to do something different from declare war. But to authorize war/military hostilities in a more limited sense and to define the scope of this.
has to make sure that Congress' legislative programs aren't undermined Ct. also relies on “protective power of presidency”; idea is that Prez must have power to protect framework of government generally seen as a power in C2. Like the sole organ power. We don’t know exactly where it comes from or what its limits are. Notion about appropriate role for the executive. See Vinson's dissent in Youngstown Expands President’s powers, at in C2, sounds of silence Debs (1895) Facts: Strike, blocking mail and commerce. President decides to send in troops, then brought suit in federal court seeking injunction against strike (no law allowing injunction in this context). Majority Court inferred ability to grant injunction because President was acting in protective, Neagle-like function. High water mark of how far Court was willing to go in allowing President to use this kind of power. Congressional Powers Bas v. (1800) Important from historical perspective, but not clear how much weight it holds today Facts: Congress’s series of naval measures allow different compensation scheme for salvage. Conflict of statutes – does first or second apply? Majority: Court finds that the second (later in time) applies. Ct. assumes that Congress, under it’s power to declare war, has plenary control over the scope of war (subject to the LON); Court upholds Congress’s ability to define the scope of the war Perfect (full scale war) v. imperfect war (more limited war) Congress is recognized as having a power to be able to do something different from declare war. But to authorize war/military hostilities in a more limited sense and to define the scope of this.
Con_Law_of_War_and_FA_Golove_Spring_2011.docx