The Power of the Commander in Chief to Declare Martial Law And Decree Emancipat

Cover The Power of the Commander in Chief to Declare Martial Law And Decree Emancipat
The Power of the Commander in Chief to Declare Martial Law And Decree Emancipat
Charles M Charles Mayo Ellis
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Congress has power « to make all laws which shall be necessary and proper lor carrying into execution all powers vested by the Constitution 'n the government of the United States, or in any department or officer thereof. " Now you admit there are exigencies in which the Executive must assume the responsibility of a " neces- sary exercise of mere power, " and may justly look for indemnity, which should be always accorded upon the clearest admission of legal wrong. Of course, then, Congress would... be bound to ratify what he has hon- estly done, believing himself to have the lawful right to do it.
But this, too, need not be followed further, for the reason that Congress, at the two recent sessions, did enact laws, of which, with others, you take no notice, which to a great extent would, if it were needed, war : rant the declaration of martial law ; and for the reason that it is not true, in fact, that the Proclamation does establish martial law over all the people of the United States. The Statute, ch.


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