Doctrine of Executive War Time Powers

The two central themes emerging from the study revolve around two questions. First, what is the proper allocation of war powers between the Congress and the president? Secondly, does Congress, in its role in appropriating funds for the maintenance of the armed forces have authority to place restrictions on the use of such forces or is the action an infringement of the war powers of the president as commander-in-chief? These issues are seen by any number of analysts as of significance in that they speak to the important question of whether the Founding Fathers intended for Congress or the president to have the authority to commence war (Adler 1988, 1).

This study is of significance in that "the strongest of all governmental powers is the power to engage in war; and the strongest challenge for constitutional

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e power what Marbury v. Madison is to legislative power, only more so. Marbury was, at most, a weak assertion of judicial power over the legislature, and not at all an assertion of judicial supremacy over the other branches of the federal government. The Court in Marbury pointedly refrained from asserting any general constitutional control of executive actions, asserting (but not actually exerting) authority over executive branch officials only in the most limited context of non-discretionary "ministerial" actions. Youngstown, in contrast, is a bold assertion of judicial power over the conduct of the President in matters concerning the scope of the President's constitutional authority. It is probably the Supreme Court's first genuine assertion and exercise of the Court's modern claim of constitutional interpretive supremacy over the actions of the President of the United States, in a case where such a claim really mattered. The claim of judicial supremacy was not made in express terms, as the Court would come to make it six years later, in Cooper v. Aaron, and repeatedly in cases in the five decades since Youngstown. Rather, the claim of supremacy in Youngstown was implicit in the Court's action: it upheld an injunction against th
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Approximate Word count = 6405
Approximate Pages = 26 (250 words per page)

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