war.  They claim to be in arms to establish their liberty and independence, in order to become a sovereign State, while the sovereign party treats them as insurgents and rebels who owe allegiance, and who should be punished with death for their treason." 5 The Court acknowledged that only Congress could declare war. However, Congress could not declare war against a state(s). According to the Court, only the president had the authority to use the military force of the United States to combat an armed insurrection as was encountered during the Civil War. " By the Constitution, Congress alone has the power to declare a national or foreign war.  It cannot declare war against a State, or any number of States, by virtue of any clause in the Constitution . The Constitution confers on the President the whole Executive power.  He is bound to take care that the laws be faithfully executed.  He is Commander-in-chief of the Army and Navy of the United States, and of the militia of the several States when called into the actual service of the United States. He has no power to initiate or declare a war either against a foreign nation or a domestic State. But by the Acts of Congress of February 28th, 1795, and 3d of March, 1807, he is authorized to called out the militia and use the military and naval forces of the United States in case of invasion by foreign nations, and to suppress insurrection against the government of