war and defense powers
The war and defense powers refer to the legal and constitutional authorities granted to a government, particularly in the context of the United States, to manage and respond to situations of national security, war, and defense. These powers are primarily vested in the federal government and are divided among different branches to ensure checks and balances.
Under Article I, Section 8 of the U.S. Constitution, Congress has broad authority to provide for the national defense in both peacetime and wartime. This includes the power to declare war, raise and support armies, provide and maintain a navy, and organize, arm, discipline, and call forth a militia. Congress can also implement measures such as the military draft and selective service systems, as well as wage, price, and rent controls during wartime. The power extends to imposing restrictions on civilians, such as exclusion from certain areas during wartime, as upheld in Korematsu v. United States, 323 U.S. 214 (1944).
Additionally, Congress has the authority to establish military courts and tribunals, which are not Article III courts and therefore are not bound by the procedural requirements of the Bill of Rights, such as the right to a jury trial. Instead, these courts operate under the Uniform Code of Military Justice as provided by Article I, Section 8, Clause 14 of the Constitution.
See Congressional power.
[Last reviewed in July of 2024 by the Wex Definitions Team]
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