The Commander in Chief and the Courts

In: Presidential studies quarterly: official publication of the Center for the Study of the Presidency, Band 37, Heft 1, S. 49-65

Abstract

The Bush administration claims to have sweeping, inherent, and unchecked war powers to conduct its war against terror. These claims are inconsistent with the text of the Constitution, the Framers' intent, and the practice of the early leaders of the Republic. Judicial decisions in the first few decades after the Constitution's adoption affirmed the Framers' narrow view of executive war powers. This article will address the extent of the president's inherent powers to prosecute a war, whether Congress can regulate and limit the president's commander‐in‐chief power, and the role of the courts in deciding whether the president has overstepped his power in conducting warfare.