Suppose that the president dispatches 10,000 Marines to kill 2,500 terrorists who have gathered from around the world in the jungles of a remote Philippine island. The president reports the action to Congress according to the requirements of the WPR. Congressional and public opinion is evenly divided between those denouncing the president's adventurism abroad and those praising his aggres- sive pursuit of terrorists. After sixty days of combat and 500 Marines killed, the president certifies to Congress under Section 5(b) of the WPR that he needs an additional thirty days to win the fight. He notifies Congress that he is sending 5,000 more troops. But at the end of that thirty‐day extension (the ninetieth day of combat), an additional 700 Marines are dead. Public opinion remains divided.The president is determined to proceed—based on intelligence he can't share—indicating that victory is attainable. A majority in Congress sees only a quagmire and, under Section 5(c) of the WPR, orders the president by concurrent resolution (which does not require the president's signature) to terminate hostilities immediately and remove all U.S. military forces from the Philippines. Congress also de- clares by concurrent resolution that the president is in violation of Sections 2(c) and 5(c) of the WPR and threatens to cut off funding for the military operation.
a. Did the president have legal authority under the WPR to order the Marines to attack the terrorists in the first place? Explain.
b. What other act of Congress referred to in this exercise might give the president the authority to attack the terrorists?
Suppose that the president continues to defy Congress's demands to withdraw the troops and that he escalates the conflict by introducing more Marines and increased firepower into the theater of combat. In that event, do you think Congress would follow through on its threat to cut off funding for troops in the field as a way to restrain the commander‐in‐chief? Explain and support your position.
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