Practice question
An invasion requires immediate military action. The President calls out the armed forces to repel it. An adviser says the Constitution requires the President to wait for Congress to declare a state of war before using the calling-out power. Is that proposition correct?
- Yes, because the President has no military power until Congress acts.
- Yes, because all defense decisions belong exclusively to Congress.
- No, because the President’s Article VII, Section 18 calling-out authority is distinct from Congress’s declaration power.
- No, because the President may permanently abolish Congress during invasion.
- Yes, unless the Supreme Court first declares war.
Legal references
- 1987 Constitution, Article VI, Section 23 and Article VII, Section 18: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353; Article VI, Section 23(1); Article VII, Section 18.
Answer this question in flashcards to review your response and continue practicing.