Q: State 3 fundamental points about war powers.
a. express/implied authorization from Congress + Presidential action = valid (b/c btwn Pres & Congress = 100% of foreign affairs powers) (Dames Moore)
b. Pres acts in contravention of Congressional authority (Congress said “no”) => presumption that Pres’s act was invalid (Youngstown)
c. Pres acts in absence of Congressional authority, but not in contravention: Pres and Congress may have concurrent authority:
i. look to history (has this been done in past)
ii. has Congress impliedly acquiesced in the past
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