Answer to Question 1
An ideal response will:
1, Explain that it provides each justice with some sense of where the other justices stand on the case in a confidential manner.
2, Describe that justices are free to change their minds after casting this preliminary vote.
Answer to Question 2
An ideal response will:
1, Explain that the members of Congress attempted to reassert their authority by passing the War Powers Resolution, which gave the president 60 to 90 days to secure formal authorization of a military deployment before troops would have to be withdrawn. This stemmed from Congress being frustrated with the progress of the Vietnam War.
2, Note that Article I says that Congress shall have the power to declare war, raise and support armies, appropriate funds for war, and regulate the conduct of ongoing wars. By contrast, the war powers granted to the president in Article II merely identify the president as the commander in chief and authorize him to receive ambassadors and other public ministers. Various groups see this as either infringing on presidential powers, or a return to constitutional separation of powers and safeguards.
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