What are military tribunals/commissions?Court-like bodies staffed by military judges that hear cases against persons accused of violating the law during times of war or in the theater of war. Procedural safeguards and rights of defendants are more limited than in the normal civilian courts.
What is the war powers doctrine?An interpretation of the Constitution that allows government to take certain necessary actions in time of war or national emergency that may not be constitutionally permissible in times of peace and security.
What did the Supreme Court hold in The Prize Cases (1863)?Although it is the Congressional prerogative "to declare war" under Article I, Section: 8, Clause 11, when the nation is attacked, the President has the authority to exercise his power as Commander-in-Chief. In this case, the nation was attacked, its enemies declared war, and the president did not need to wait for Congress to formally recognize the start of war.
What did the Supreme Court hold in Ex Parte Milligan (1866)?Limited the President's power to suspend the writ of habeas corpus. The Court ruled that the application of military tribunals to citizens when civilian courts are still operating is unconstitutional.


What did the Supreme Court hold in Ex parte Quirin (1942)?The Court concluded that the conspirators, as spies without uniform whose purpose was sabotage, violated the law of war and were therefore unlawful enemy combatants. Noting that Congress had, under the Articles of War, authorized trial by military commission for unlawful enemy combatants, the Court therefore determined that the President had not exceeded his power.
What did the Supreme Court hold in Korematsu v. United States (1944)?The Court ruled that an entire race could be labeled a ''suspect classification,'' meaning that the government was permitted to deny the Japanese their constitutional rights because of military considerations. The Court ruled that such exclusion was not beyond the war powers of Congress and the President since their interest in national security was ''compelling.''
What did the Supreme Court hold in Youngstown Sheet and Tube v. Sawyer (1952)?The Court held that the President did not have the authority to issue an order to take control of steel mills. There was no congressional statute that authorized the President to take possession of private property. The President's military power as Commander in Chief of the Armed Forces did not extend to labor disputes.
What did the Supreme Court hold in Dames Moore v. Regan (1981)?The Court held that the President may nullify attachments and order the transfer of frozen Iranian assets pursuant to the International Emergency Economic Powers Act. Based on the Court's inferences from legislation and from the history of congressional acquiescence in executive claims settlement, the President may also suspend claims pursuant to the Executive Order.


What did the Supreme Court hold in Hamdi v. Rumsfeld (2004)?The Court recognized the power of the government to detain enemy combatants, including U.S. citizens, but ruled that detainees who are U.S. citizens must have the rights of due process, and the ability to challenge their enemy combatant status before an impartial authority.
What did the Supreme Court hold in Hamdan v. Rumsfeld (2006)?The Supreme Court ruled that the Bush administration's use of military commissions to try terrorist suspects violated the U.S. Code of Military Justice and Geneva Conventions, and were not specifically authorized by any act of Congress.
What did the Supreme Court hold in Zivotofsky v. Kerry (2015)?The US president has exclusive power to recognize (or not recognize) foreign nations. Congress may not require the State Department (part of the Executive Branch) to recognize that Jerusalem is part of Israel when it issues passports.
What was the Tonkin Gulf Resolution?An act of Congress that authorized President Lyndon Johnson to take any measures he believed were necessary to retaliate for apparently hostility against US forces and to promote peace and security in southeast Asia.


What is the War Powers Resolution?An act of Congress that attempts to limit the president's power deploy military forces. It requires the president to notify Congress within 48 hours of committing armed forces to military action and forbids armed forces from remaining deployed for more than 60 days without a Congressional authorization or a declaration of war.
What is the Writ of Habeas Corpus?A prisoner's right to petition courts for release unless the government can show there are lawful grounds to detain him. It allows federal courts to check the authority of other branches but the writ may be suspended during times of war.
What did the Supreme Court hold in Trump v. Hawaii (2018)?The president lawfully exercised the power granted to him by a federal law when he suspended the entry of certain aliens into the United States. The president's decision to use power granted by the statute entitled to deference and rational basis review.