Cover image for The judicial development of presidential war powers
The judicial development of presidential war powers
Sheffer, Martin S.
Personal Author:
Publication Information:
Westport, Conn. : Praeger, 1999.
Physical Description:
xxv, 219 pages ; 24 cm
Reading Level:
1550 Lexile.
Format :


Call Number
Material Type
Home Location
Item Holds
KF5060.A68 S53 1999 Adult Non-Fiction Non-Fiction Area

On Order



Contains 38 Supreme Court decisions documenting the expansion of the powers of the U.S. president to use military force both domestically and abroad. Issues raised by industrial unrest, Dorr's 1841 rebellion in Rhode Island, the Vietnam War, forced conscription, and other issues are examined through

Author Notes

Martin S. Sheffer taught for 29 years at Old Dominion University and Tuskegee University

Reviews 1

Choice Review

Sheffer examines the legal bases for the growing power of the American presidency on matters of war and peace. The book's eight chapters present, in roughly chronological order, excerpts from court rulings in leading war powers cases. Sheffer introduces each ruling with a brief summary of the facts of the case and then poses the basic question the case addresses. He follows each excerpt with a brief legal analysis. The book covers most of the major war powers cases since Martin v. Mott (1827). Oddly enough, however, the book skirts over the first 40 years of war powers jurisprudence. Seminal cases such as Bas v. Tingy (1800), Talbot v. Seeman (1804), and Little v. Barreme (1804) are mentioned only in passing. These glaring omissions weaken the book's usefulness, especially in the classroom. The early court rulings took a dim view of the assertions of presidential prerogative that have become commonplace since the days of Harry Truman. By ignoring these cases, Sheffer paints a distorted picture of the constitutional basis of presidential claims to war powers. Upper-division undergraduates and above. J. M. Lindsay; Brookings Institute

Table of Contents

Prefacep. ix
Introductionp. xv
1. The Early Periodp. 1
Martin v. Mottp. 1
Luther v. Bordenp. 5
Fleming v. Pagep. 9
Durand v. Hollinsp. 12
2. Lincoln as Commander-in-Chiefp. 15
Ex Parte Merrymanp. 15
The Prize Casesp. 19
Ex Parte Vallandighamp. 22
Ex Parte Milliganp. 25
3. Age of Industrial Disorder through Wilsonp. 31
In Re Neaglep. 31
In Re Debsp. 35
Moyer v. Peabodyp. 39
United States v. Midwest Oil Co.p. 42
Hamilton v. Kentucky Distilleriesp. 46
Block v. Hirshp. 50
Missouri v. Hollandp. 54
4. Roosevelt and Total Emergency, Ip. 57
United States v. Curtiss-Wright Export Corp.p. 57
United States v. Belmontp. 62
United States v. Pinkp. 65
Employers Group of Motor Freight Carriers v. National War Labor Boardp. 69
Steuart and Bros. v. Bowlesp. 72
Yakus v. United Statesp. 76
Chicago and Southern Air Lines v. Waterman S.S. Corpp. 80
5. Roosevelt and Total Emergency, IIp. 85
Ex Parte Quirinp. 85
Hirabayashi v. United Statesp. 90
Korematsu v. United Statesp. 96
Duncan v. Kahanamokup. 102
Woods v. Cloyd W. Miller Co.p. 109
Ludecke v. Watkinsp. 113
6. Cold War Casesp. 117
Youngstown Sheet and Tube Co. v. Sawyerp. 117
United States ex rel. Toth v. Quarlesp. 126
Reid v. Covertp. 129
Dames and Moore v. Reganp. 133
Crockett v. Reaganp. 138
7. Vietnam and Gulf War Casesp. 143
Berk v. Lairdp. 143
Mitchell v. Lairdp. 149
Holtzman v. Schlesinger Ip. 153
Holtzman v. Schlesinger IIp. 157
Dellums v. Bushp. 163
8. Constitutional Government and Dictatorshipp. 169
Conclusionp. 187
Table of Casesp. 199
Bibliographyp. 203
Indexp. 215