And the Steel SeizureĬase that you talked about, this was in 1952, this was arguably talkingĪbout the Korean War. When congress is silent, and how much congressĬan constrain its power has led rise to some hugeĬonstitutional controversies. Once the war starts but how the president canĪct to deploy the troops in the face of emergencies There's civilian control of the military, there's a single leader Has the power to declare war and once war is declared, the president has total control over the conduct of the war. These cryptic words of theĬommander-in-chief clause have given rise to some of the most persistent controversies in How do these two thingsįit together, Jeffrey? - Well, they've led to the most dramatic constitutionalĬontroversies in American history as Justice Robert Jackson put Of stuffs, a bunch of things but one of the things that it list is the power to declare war, grant letters of marque and reprisal and make rules concerningĬaptures on land and water. And this seems like there'sĪ bit of a balance here because in Article I which describes the powers of the congress in section eight, it says the congress shall have power and it starts listing a bunch And now we're gonna focus a little bit on the first part of section two which talks about among other things that the President shallīe the Commander-in-Chief of the Army and Navy of the United States, essentially the military
So, I'm here with Jeffrey Rosen head of the National ConstitutionĬenter in Philadelphia and we're continuing to talk about Article II of the US Constitution which talks about the
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