LGSCONLAW_W2_DQ1&2

Over the past several years, we have seen numerous natural disasters and witnessed FEMA’s response to the individuals harmed as a result. Here, you will have the opportunity to research FEMA (a federal administrative agency) and provide your educated opinion on how to challenge a claim denial.

Congress created an administrative agency, Federal Emergency Management Agency (FEMA), to help disaster victims. Mark’s house in Malibu was destroyed by torrential rains. He applied for assistance, but his application was rejected due to alleged assumption of risk: Mark should have known the risk of building a house in an area where hurricanes and rains were common.

Mark wants to sue the agency because it violated his rights. He visits your law firm seeking your attorney’s advice on the matter. Your attorney wants to discuss the case with you.

In your opinion what would be Mark’s claim? What arguments can Mark use?

The US Constitution granted Congress the power to declare war; it also entitled the President to act as Commander-in-Chief of US defense services. On this assignment, you are given the challenge of researching these powers via the U.S. Constitution and then applying them to actual United States historical events.

In 1962, during the Cold War between the U.S. and Cuba, President Kennedy decided to use a blockade in the Cuban Missile Crisis. As a result, the U.S. faced the danger of a nuclear catastrophe. The military actions of the President led to debates and controversial opinions on whether Kennedy’s decision was right. US history also witnessed that Nixon failed to declare the conflict in Vietnam a “war.” In 1973, this resulted in Congress overriding presidential veto of the War Powers Act, which limits the President's ability to wage war without congressional approval.

In 1990, President Bush sent US troops to Saudi Arabia in response to the Iraqi invasion. Recently President George Bush Jr. sent soldiers to Iraq.

Based on the above information, answer the following questions:

• What do you understand by war-making powers?
• Examine the powers given by the Constitution in case of war-related decisions.