“The primary implication of a war power is that it shall be an effective power to wage the war successfully.“In time of crisis nothing could be more tragic and less expressive of the intent of the people than so to construe their constitution that by its own terms it would substantially hinder rather than help them in defending their national safety.”.Court found that this was a mere exercise of administrative discretion under valid legislative authority (congress’s power to raise and support the armed forces).The Petitioners argued that the delegation of power was unconstitutional b/c it was not well defined. Congress passed an act that gave administrative officials the power to determine and recapture excessive profits by private contractors during the war. ![]() US: The power to wage war is the power to wage war successfully. Grant an imperfect war – not legally perfected (declared) – congress sets the limits on the scope.Issue Letters of Reprisal – allows a citizen to find the enemy that committed the offence punish them.Issue Letters of Marque – authorization of private individuals to engage in war on behalf of the nation.Issue a formal declaration of war (perfect war – only limited by the jus belli).Tingy: Congress’s war power is not limited to declaring war. To make all laws necessary and proper for carrying into Execution these Powers.To provide for the calling forth of the Militia to execute the laws/ make laws governing them. ![]()
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