Multistate Bar Examination Practice Question

A congressional statute requires the President to obtain approval from a joint congressional committee before deploying troops overseas for any military engagement not expressly authorized by Congress. The President, citing their role as commander in chief, deploys troops without obtaining such approval. What is the best argument supporting the President's constitutional authority to act unilaterally in this situation?

  • Congress's power to fund military operations allows it to dictate the terms of troop deployments.

  • The President's role as commander in chief grants them discretion to direct and utilize armed forces without requiring prior approval from Congress.

  • The President can bypass congressional approval during wartime but not during peacetime deployment of troops.

  • The congressional requirement for prior approval directly violates the War Powers Resolution and is therefore invalid.

Multistate Bar Examination
Constitutional Law
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