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U.S. Code as of:
01/19/04
Section 1541. Purpose and policy
(a) Congressional declaration
It is the purpose of this chapter to fulfill the intent of the
framers of the Constitution of the United States and insure that
the collective judgment of both the Congress and the President will
apply to the introduction of United States Armed Forces into
hostilities, or into situations where imminent involvement in
hostilities is clearly indicated by the circumstances, and to the
continued use of such forces in hostilities or in such situations.
(b) Congressional legislative power under necessary and proper
clause
Under article I, section 8, of the Constitution, it is
specifically provided that the Congress shall have the power to
make all laws necessary and proper for carrying into execution, not
only its own powers but also all other powers vested by the
Constitution in the Government of the United States, or in any
department or officer hereof.
(c) Presidential executive power as Commander-in-Chief; limitation
The constitutional powers of the President as Commander-in-Chief
to introduce United States Armed Forces into hostilities, or into
situations where imminent involvement in hostilities is clearly
indicated by the circumstances, are exercised only pursuant to (1)
a declaration of war, (2) specific statutory authorization, or (3)
a national emergency created by attack upon the United States, its
territories or possessions, or its armed forces.
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