The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
History
The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
Constitutional law -- United States; Constitutions -- United States
Sixty years later the Supreme Court, in sustaining the blockade of the
Southern ports which Lincoln had instituted in April 1861, at a time
when Congress was not in session, adopted virtually the same line of
reasoning as Hamilton had advanced. "This greatest of civil wars" said
the Court "was not gradually developed * * * it * * * sprung forth
suddenly from the parent brain, a Minerva in the full panoply of _war_.
The President was bound to meet it in the shape it presented itself,
without waiting for Congress to baptize it with a name; and no name
given to it by him or them could change the fact."[1223] This doctrine
was sharply challenged by a powerful minority of the Court on the ground
that while the President could unquestionably adopt such measures as the
statutes permitted for the enforcement of the laws against insurgents,
Congress alone could stamp an insurrection with the character of war and
thereby authorize the legal consequences which ensue a state of
war.[1224] Inasmuch as the Court finally conceded that the blockade had
been retroactively sanctioned by Congress, that part of its opinion
dealing with the power of the President, acting alone, was really
_obiter_. But a similar opinion was voiced by Chief Justice Chase on
behalf of a unanimous Court, after the war was over. In Freeborn _v._
The "Protector,"[1225] it became necessary to ascertain the exact dates
on which the war began and ended in order to determine whether the
statute of limitation had run against the asserted claim. To answer this
question the Chief Justice said that "it is necessary, therefore, to
refer to some public act of the political departments of the government
to fix the dates; and, for obvious reasons, those of the executive
department, which may be, and, in fact, was, at the commencement of
hostilities, obliged to act during the recess of Congress, must be
taken. The proclamation of intended blockade by the President may
therefore be assumed as marking the first of these dates, and the
proclamation that the war had closed, as marking the second."[1226]
The Power To Raise and Maintain Armed Forces
PURPOSE OF SPECIFIC GRANTS
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