War Powers of the Executive in the United States

loy the armed forces to aid the civil authorities within the United States. Thus, for example, the constitutional clause guaranteeing to every state a republican form of government and protection against domestic violence,1 is held to give the President power to use troops, without special legislative sanction, when needed for those purposes, and even to anticipate and prevent local disturbances by a show of force.2 In 1878 an attempt was made to restrict the President's power to use the armed forces in executing the laws of the United States through an act of Congress forbidding the employment of the army as a posse comitatus, except as expressly authorized by the Constitution or by statute.3 It has been held, however, in spite of that statute, that the provisions of the Constitution vesting the President with the executive power and making it his duty to "take care that the laws be faithfully executed,"4 must be construed as giving to the President the general power of enforcing the laws and the "peace of the United States" by any means that he may find necessary.5 '' Congress may, by disbanding the Army, render it impossible for the President to resort to his constitutional power as executive and commander- in-chief of employing the Army in aid of the civil power, in the execution of the laws, or may couple an appropriation for the support of the Army with a condition as to the use of the money appropriated; but, if it be true that the Constitution directly ...