war power

The power of the government of the United States to wage war to the point of success, that is the overcoming of the enemy. Hirabayashi v United States, 320 US 81, 87 L Ed 1774, 63 S Ct 1375. The national defense is an absolute necessity of our existence. The people of the United States have prepared themselves for such a situation by confiding to Congress the power to declare war and to support and maintain armies for the national defense. This is necessarily a master power, to be exercised without the hampering interference of anyone. The call of men to the colors is within and necessarily within, the exercise of this power; To whom the call goes out, and who is to make an answering response are matters germane to, and indeed necessarily involved in, the exercise of the war-making power. Questions which necessarily arise, or may be expected to arise, must be determined in some way and by some tribunal. The warmaking power may therefore provide the required system and constitute the needed tribunals. Local Draft Board No. I v Connors (CA9 Mont) 124 F2d 388.