WRIGHT— POWER TO MAKE POLITICAL DECISIONS. 391 



proi)erty, to enforce commercial discriminations, restrictions or pro- 

 hibitions and to exclude, expel or intern aliens must be given by act 

 of Congress, treaty or international law, but much discretion may 

 be delegated the President. The existence of war, whether by 

 declaration of Congress or recognition by the President, ex propria 

 vigore, authorizes the President, as Commander-in-Chief, to enforce 

 such of these measures of coercion as are permitted by the inter- 

 national law of war, and Congress cannot interfere with him in the 

 direction of military and naval forces : 



" Congress," said the Supreme Court, " has the power not only to raise 

 and support and govern armies but to declare war. It has, therefore, the 

 power to provide by law for carrying on war. This power necessarily ex- 

 tends to all legislation essential to the prosecution of war with vigor and 

 success, except such as interferes with the command of fofces and the con- 

 duct of campaigns. That power and duty belong to the President as com- 

 mander-in-chief. Both these powers are derived from the Constitution, but 

 neither is defined by that instrument. Their extent must be determined by 

 their nature, and by the principles of our institutions. The power to make 

 the necessary laws is in Congress, the power to execute in the President. 

 Both powers imply many subordinate and auxiliary powers. Each includes 

 all authority essential to its due exercise. But neither can the President, in 

 war more than in peace, intrude upon the proper authority of Congress, nor 

 Congress upon the proper authority of the President. Both are servants of 

 the people, whose will is expressed in the fundamental law. Congress can 

 not direct the conduct of campaigns." ^4" 



222. Purposes for Which the President J\lay Employ Force under 



the Constitution. 



However, we cannot distinguish the respective powers of the 



President and Congress merely by considering the method of 



coercion. The purposes or ends in view are even more important. 



The Constitution requires the President to " take care that the laws 



be faithfully executed. "^^^ Though this imposes a responsibility and 



is not a grant of power, yet it indicates certain purposes for which 



the President must use the constitutional powers elsewhere granted. 



What does the term " laws " embrace ? In the Neagle case, the 



court held that it should be broadly interpreted.^^ 



84a £.1- parte Milligan, 71 U. S. 2 (1866). See also Willoughby, op. cit., 2: 

 1207; Taft. op. cit., pp 94-99; W'right, Col. Law Rev., 20: 134. 

 8' U. S. Constitution, II, sec. 3 ; supra, sec. 93. 

 ^^ In re Neagle, 135 U. S. i ; Willoughby, op. cit., p. 1135. 



