Hencely v. Fluor Corp. · ¶40

All acknowledge that the Federal Government has “ `broad and sweeping' ” war powers. Rumsfeld v. Forum for Aca demic and Institutional Rights, Inc., 547 U. S. 47, 58–59 (2006) (quoting United States v. O'Brien, 391 U. S. 367, 377 (1968)). The Constitution assigns Congress the power to “declare War,” “raise and support Armies,” “provide and maintain a Navy,” and “make Rules for the Government and Regulation of the land and naval Forces.” Art. I, § 8, cls. 11–13. The President is the “Commander in Chief of the Army and Navy of the United States” and militias in federal service. Art. II, § 2, cl. 1. States, for their part, may not “engage in War, unless actually invaded.” Art. I, § 10, cl. 3.

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