WAR POWER, The United States Con stitutional, dates back to Federal Convention of 1787; and it provides for the national de fense through Congress which alone has the right to declare war and of making rules rel ative to the conduct of the war and of cap tures on land and sea. Congrcss is also em powered to raise and maintain armies and the navy and to make rules for the government of both and to provide for their organization, training and discipline. This power is ex ercised through the President of the United States, as the commander-in-chief of the militia and the land and naval forces in the service of the nation. It is the duty of Congress to provide the necessary military forces in case of need; and it is the business of the President as the chief executive officer of the nation, the army and the navy, to see that these are made use of accordance with the will of the nation as expressed through Congress, which must de cide all questions relative to the strength and composition of the land and naval forces and prescribe the Articles of War and the Rules for the Government of the Navy. The declara tion of war by Congress does not, however, become law until it has received the sanction of the President of the nation. The President is
also empowered to use the national forces ott land and sea to repel foreign aggression or invasion and to suppress insurrection. unnl Congress is able to declare its will in the matter. In fact the powers of the President in case of war, invasion or insurrection are plenary over the forces placed at his dis position by Congress, or by the Constitution. This applies even to the property of the ClICITIV which he may take for the use of the army, the navy and the needs of the nation in time of war. In the case of newly-acquired territory the President also exercises very extensive powers until it has been assimilated legally by act of Congress. Consult Black, H. C., 'Con stitutional Law' (1895); Clode, C. M., (Military Forces of the Crown) (1869) ; Coolidge, A. C., (United States A's a World Power) (1908) ; Moore, J. B., (American Diplomacy) (1905) ; Pcimeroy, J. N., (Constitutional Law) (1907).