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The Prize Cases

United States Supreme Court

67 U.S. (2 Black) 635 (1863)

Relevant factsFree

At the outset of the Civil War, while Congress was out of session, President Lincoln ordered a naval blockade of Confederate ports based on the law of nations, providing that vessels attempting to enter or leave would first be warned and then captured as prizes if they persisted. Congress later, in 1861, passed a statute authorizing the blockade. Owners of vessels captured as prizes challenged the legality of the executive blockade order.

IssueFree

Whether the president may use military force, such as a naval blockade, against belligerent states during a civil war without a prior congressional declaration of war.

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