Constitutional Limits of the President's Authority to Empower Naval Vessels to Defend American Coasts & Shipping

Discusses issue of instructions to armed vessels being deployed to protect the U.S. coast. Considers the president's war powers in the Constitution, noting that the president cannot issue instructions to vessels either as naval ships or privateers prior to a declaration of war or hostilities short of war (in the latter case) by Congress. Notes that the president is empowered to reinforce the existing revenue cutter service for coastal defense without Congress' approval, though not to more than 30 men per vessel. Under these provisions, U.S. vessels have only the right to defend themselves while under attack. McHenry concludes that any instructions to coastal defense vessels must be governed by these laws, and hopes that the president can proceed with a clear idea of the limit of his powers.

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