Question

to protect the civilians in a large city from an imminent attack by their own government. The president claims that this urgent use of military force falls within the powers of the presidency as commander in chief, but does not reach the level of involvement that requires Congress to declare war. The president does not formally consult with Congress before ordering military action and does not provide a report to Congress in a timely manner.
In response, the House Armed Services Committee declares that the president violated the War Powers Act, demands that the president remove the troops, and formally brings the case to the Supreme Court to force action from the president.

You are a justice on the Supreme Court preparing to hear the case. Start by writing down your initial reactions to the situation. Based on what you know of the War Powers Act, which branch appears to be in the right? What questions would you ask during oral arguments to try to get each side to explain its point of view?














Imagine that the president has deployed forces to intervene in a civil war in the Middle East. The purpose of the deployment is to protect the civilians in a large city from an imminent attack by their own government. The president claims that this urgent use of military force falls within the powers of the presidency as commander in chief, but does not reach the level of involvement that requires Congress to declare war. The president does not formally consult with Congress before ordering military action and does not provide a report to Congress in a timely manner.

In response, the House Armed Services Committee declares that the president violated the War Powers Act, demands that the president remove the troops, and formally brings the case to the Supreme Court to force action from the president.

You are a justice on the Supreme Court preparing to hear the case. Start by writing down your initial reactions to the situation. Based on what you know of the War Powers Act, which branch appears to be in the right? What questions would you ask during oral arguments to try to get each side to explain its point of view?










Imagine that the president has deployed forces to intervene in a civil war in the Middle East. The purpose of the deployment is to protect the civilians in a large city from an imminent attack by their own government. The president claims that this urgent use of military force falls within the powers of the presidency as commander in chief, but does not reach the level of involvement that requires Congress to declare war. The president does not formally consult with Congress before ordering military action and does not provide a report to Congress in a timely manner.

In response, the House Armed Services Committee declares that the president violated the War Powers Act, demands that the president remove the troops, and formally brings the case to the Supreme Court to force action from the president.

You are a justice on the Supreme Court preparing to hear the case. Start by writing down your initial reactions to the situation. Based on what you know of the War Powers Act, which branch appears to be in the right? What questions would you ask during oral arguments to try to get each side to explain its point of view?

Answer 1

According to the War Powers Act, the President is required to inform Congress of any military operations he plans to take within 48 hours. If the United States is attacked or seriously threatened, the President may use military action abroad with the approval of Congress and under the authority of the War Powers Act. If the President fails to inform Congress within 48 hours and get permission, the decision might be challenged and overturned. In my capacity as a judge, I must inquire of the President as to why he chose not to inform Congress of his decision.

Good questions to ask are

• How strict is the standard of review on appeal, and what does it indicate for the scope of this court's review?
• Where do you excel the most? When there are two or more viable bases for a ruling, which one do you hope the court will choose, and why?
• What specific remedy are you seeking, and on what basis does the court have the power to award it?

What is oral arguments?

Generally, In a court of law, a case may be presented via oral argument.

In conclusion, For this case congress is correct.

Read more about oral arguments

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