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Simple English definitions for legal terms
War and defense powers
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A quick definition of War and defense powers:
War and defense powers refer to the authority given to Congress by the Constitution to declare war, raise and support armies, provide and maintain a navy, and organize and arm a militia. This power allows Congress to take any necessary measures to protect the country during both peacetime and wartime, including implementing a military draft and wage, price, and rent controls during wartime. Congress can also set up military courts and tribunals, which do not require a jury trial. These powers are essential for ensuring the safety and security of the United States.
A more thorough explanation:
War and defense powers refer to the authority granted to Congress under Article I, Section 8 of the United States Constitution. This power allows Congress to:
- Declare war
- Raise and support armies
- Provide and maintain a navy
- Organize, arm, discipline, and call forth a militia
These powers give Congress broad authority to take any measures necessary to provide for national defense in both peacetime and wartime. For example, Congress can implement a military draft or selective service system, as well as wage, price, and rent controls on the civilian economy during wartime.
One example of this power in action is the case of Korematsu v. United States (1944). In this case, the Supreme Court upheld the government's power to exclude Japanese Americans from certain areas during wartime.
Congress also has the authority to set up military courts and tribunals. These courts are not Article III courts, so they do not have the same procedural requirements as civilian courts. For example, a right to a jury trial is not required. Instead, the Uniform Code of Military Justice applies.
Overall, war and defense powers give Congress significant authority to take action to protect the country and its citizens in times of war or national emergency.