"[T]he war power of the federal government is not created by the emergency of war, but it is a power given to meet that emergency. It is a power to wage war sucessfully, and thus it permits the harnessing of the entire energies of the people in a supreme co-operative effort to preserve the nation. But even the war power does not remove constitutional limitations safeguarding essential liberties. When the provisions of the Constitution, in grant or restriction, are specific, so particularized as not to admit of construction, no question is presented. Thus, emergency would not permit a state to have more than two Senators in the Congress, or permit the election of President by a general popular vote without regard to the number of electors to which the States are respectively entitled, or permit the States to ‘coin money’ or to ‘make anything but gold and silver coin a tender in payment of debts.’"
War and defense powers
Under Article I, Section 8, Congress has the power to declare war, raise and support Armies, provide and maintain a Navy, and organize, arm, discipline, and call forth a militia. This power gives Congress quite broad authority to undertake any measures that Congress considers necessary for providing for the national defense in both peacetime and wartime. This includes the military draft and selective service systems as well as wage, price, and rent control of the civilian economy during wartime. Under Korematsu v. United States, 323 U.S. 214 (1944), this power also includes such restrictions on civilians as exclusion from certain areas during wartime.
Congress may set up military courts and tribunals. These courts are not Article III courts, so the procedural requirements are under the Bill of Rights such as a right to a jury trial are not required. Instead, under Article I, Section 8, Clause 14, the Uniform Code of Military Justice applies.
See Congressional power.
