Presidential use of armed forces without congressional author ization

[Penrose, Mary M]

I am one of four Constitutional Law professors at the University of
Oklahoma.  One of my peers has asked that I circulate this request on his
behalf.  Feel free to contact Professor Fred Miller directly with questions
or comments.  Please see below!  Thank you in advance - Meg Penrose

As we discussed, I would appreciate your help in networking the following
problem.  The National Conference of Commissioners on Uniform State Laws
increasingly is preparing acts in legislative areas of state law where
coordination with federal law is essential, such as blue sky, income tax,
consumer law, etc.  If there are changes in federal law, it is important to
change state law, and without significant lag time.  However, there is law
in various states whether case law, statute, or constitutional law, raising
doubts about a state law incorporating changes in federal law by reference,
and related issues.  Some research was done in connection with the Uniform
Consumer Credit Code and, more recently, the Uniform Securities Act, but
major research has not been published for over 50 years.  The Conference
would like to find out if one or more people are or have been doing work in
this area, or might be interested in doing so if a mutually satisfactory
arrangement with the Conference can be agreed upon.  If such a person or
persons exist, they can contact me.  My e-mail is fmiller at ou.edu
<mailto:fmiller at ou.edu>.  Thanks.

Fred Miller
9/26/02

-----Original Message-----
From: Christine A Corcos [mailto:ccorcos at LSU.EDU]
Sent: Friday, September 27, 2002 8:49 AM
To: CONLAWPROF at listserv.ucla.edu
Subject: Re: Presidential use of armed forces without congressional
authorization


There is a book review of Louis Fisher's Presidential War Power at
http://www.unt.edu/lpbr/subpages/reviews/fisher2.htm which summarizes some
Presidential interventions over the past 200 years.

Christine Corcos
Associate Professor of Law and Women's and Gender Studies
Louisiana State University Law Center
1 East Campus Drive
Baton Rouge LA 70803
tel: 225/578-8327
home page: faculty.law.lsu.edu/ccorcos



                    William Funk
                    <funk at LCLARK.EDU>           To:
CONLAWPROF at listserv.ucla.edu
                    Sent by: Discussion         cc:     (bcc: Christine A
Corcos/ccorcos/LSU)
                    list for con law            Subject:     Presidential
use of armed forces without congressional
                    professors                  authorization
                    <CONLAWPROF at listserv
                    .ucla.edu>


                    09/26/2002 06:38 PM
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In preparing for a panel concerning a possible US unilateral invasion of
Iraq, I am trying to find examples of situations in which the President
has employed US forces in military action without having obtained
congressional authorization, other than in arguably emergency
situations, such as attempting the recapture of the Mayaguez by
President Ford, the rescue of the students in Grenada, and perhaps
President Carter's attempted rescue of the diplomatic hostages.  As far
as I know the invasion of Panama to capture Noriega was without
congressional authorization, but that is the only case I can think of.
 Any others?  Or any sources for examples?

Bill Funk
Lewis & Clark Law School