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?
I feel like the president should have told Congress. He should have discussed the options with them before deploying troops. Also, the House Armed Services Committee should have discussed things in a better way rather than demanding things from the president. Congress seems to be in the right since the War Powers Act requires the president to let Congress know within two days of sending US troops overseas. The president didn’t talk with them, and then he didn’t let them know very soon after.
Although the primary purpose of The Federalist was to convince New Yorkers to send to the Constitutional Convention delegates who would vote to ratify the Constitution, fully two-thirds of New York's delegates initially opposed ratification.
