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Flashcards in War Powers Deck (4)
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1
Q

What is WPR purpose?

A

Trying to Insure collective judgment of both Congress and Pres. will apply to the introduction of US forces into hostilities
- Pres. can send troops but must notify Con. w/in 40 hours. Congress can make dec. of war. If not pres has up to 90 to remove troops.

2
Q

What are Const. question w/ WPR?

A

Is the war Powers resolution an unconstitutional intrusions on the president’s powers as commander in chief? OR Is the WPR a permissible effort by Congress to interpret the Const. and ensure checks and balances?

3
Q

What happened in Hamdi?

A

Does gov. have authority to hold American citizen apprehended in foreign country as enemy combatant and deny him due process? NO
- After 9/11 court gave pres. power through AMF to use necc. and app. force against persons he determined to aid terrorism.
Court says- Hamdi deserves: Entitled to due process.
-War is not a blank state for the gov. The executive is asking for a concentration of power in themselves. Violates sep. of power.
-Court applies Matthews Balancing test.

4
Q

What is Matthews v. Eldridge Test?

A

When can US hold someone indef.?

  • Private interest at stake
  • In this case freedom from confinement
  • Government interest at stake
  • Risk of erroneous deprivation of the private interest.
  • Probable value of additional safeguards