War Power of the President

loyal publication society, 863 BROADWAY. No. 32. WAR POWER'OF THE PRESIDENT—SUMMARY IMPRISON- MENT—HABEAS CORPUS. The Constitution of the United States establishes a government, and not a confederacy or compact merely. This is obvious from the facts that it institutes all the essentials of governmental power: a legislature, an executive, and a judiciary ; and that these powers are independent of, and superior to, the ^veral state legislative, executive, and judicial powers; so that we have an independent self-existent government. It matters not that it is constitutionally limited in its purposes, it is, within its constitutional sphere of action, as perfect a sovereignty as any government on the face of the earth; for, “ this constitution, and all laws of the United States, which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land ; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding and, “the judicial power shall extend to all cases in law and equity, arising under this Constitution, the laws of the United States, and treaties made or which shall be made under their authority and, “ the senators and representatives before-mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation to support this Constitution.” We have, then, a National Government comprising a legislature, invested with certain specified law-making powers; an' executive, to see that the laws are faithfully executed; and a judiciary to maintain all the legitimate powers of the government intact.