As commander in chief the president has certain obligations and power that can be controversial during times of war and foreign affairs. The fundamental of democracy was founded in the year of 1776 when the Declaration of Independence was signed into effect by the founding fathers declaring America independent from England. America engaged in the American Revolution in an attempt to attain independence from the mother country and escape from their abusive government system where the people had no voice and all decisions were made by the king without the consent of their people. They debated over what the fundamentals of the government will be and the distribution of power. The founding fathers debated on the structure of a new government, but …show more content…
Rulings such as The Prize Cases 1862, Ex parte Merryman 1861, Ex parte Milligan 1866, Korematsu v. United States 1944, Youngstown Sheet and Tube v. Sawyer 1952, Rasul v Bush/ Handi v. Rumsfeld 2004, Bands of State of Washington v. United States 1929, Train v. City of New York 1975, Clinton v. City of New York 1998, United States v. Nixon 1974, Nixon v. Fitzgerald 1982, Clinton v. Jones 1997, Myers v. United States 1926 are Supreme Court cases that were fought to control the power of the president. Even the most influential and honored president has abused of the power granted to them. In the court case, Ex parte Milligan 1866 president Abraham Lincoln suspended the writ of habeas corpus ignoring the ruling that it was unconstitutional. Court case Korematsu v. United States 1944 questioned if the ruling of president Franklin Roosevelt Executive Order 9066 was constitutional as it placed Japanese- Americans in internment camps during World War II regardless of their citizenship. Court case Youngstown Sheet and Tube v. Sawyer 1952 Harry’s Truman Executive Order 10340 was declared unconstitutional because the president was willing to illegally take possession of steel mills during the Korean War therefore, making …show more content…
It is a civil responsibility for the citizens to ensure that out commander in chief does not take advantage of the power he holds. The government has made people dependent they lure their political ideologies through mass media that is bias therefore communicating only what they want the public to know. Actions taken by previous and current president have affected the trust the people the political ideology they have in the government, “ The decline in public trust among Americans is striking, public trust in government has declined and Americans are now more likely to feel that they can do little to influence the governments’ actions”
Our Founding Father decided that we were a republic instead of democracy. William then discuss about the system and
18 U.S.C.A. s 97a; Executive Order February 19, 1942, No. 9066; U.S.C.A.Const. arts. 1, 2. Hirabayashi v. United States, 320 U.S. 81, 63 S. Ct. 1375, 87 L. Ed. 1774 (1943). This is similar reasoning as in the case of
Back in the 19th century, specifically May 25, 1861, when Lincoln was the president of the United States, he had an instance when he was the imperial president. During the civil war, many Southern supporters were disrupting the war efforts of the Northern side. Lincoln saw this as a problem because it was slowing the Northern sides war efforts and it was making the North lose the war. His solution to this was an automatic suspension of the Writ of Habeas Corpus, basically suspending any citizens right to a trial or judicial review and sending them straight to jail. This was a big abuse of power due to the fact that only five years later was this reviewed and it was discovered that only Congress had the power to suspend the writ and the president has no jurisdiction over that.
A good example of this was the suspension of Habeas Corpus by the president. Lincoln
The Supreme Court did not share Lincoln’s opinion. Especially, the Chief Justice Roger Taney who, in his role as the federal circuit judge, ruled that Lincoln’s suspension of Habeas Corpus was unconstitutional in a decision called Ex Parte Merryman. He did so after his recommendation for a trial of Merryman in order to determine if there were any legitimate reasons for his arrest met if refusal form Merryman captors. In the end, The President ignored Taney ruling, and Congress never contested Lincoln’s Habeas Corpus decision. Lincoln also met with strong resistance form the general public in regards to his executive order.
He also argued that the president’s power as the Commander in Chief did not allow him to detain American citizens as military combatants. In addition, the congressional authorisation was not intended to allow the detention of American citizens. The detention of American citizens had been expressly forbidden when the President was authorised to use necessary and appropriate measures in the war against terror. His other argument was that the government controlled the location of his detention and the choice to transfer him should not affect his ability to file a petition for habeas corpus in New
This sets the stage for the checks and balances from the judicial and legislative branches of government that must be, and have been, done at times in order to reign in the power of the presidency. The successes, not only in the subsequent leadership, growth, and ability of the executive office, but the successful checks and balances in the 20th century, such as Watergate, U.S. v Nixon, and others, are thanks to the founder’s framing of the way our government operates. Strong leadership, while having a guaranteed opportunity to change a government that may have become too powerful, is an inherently American ideal, and is what the founders intended for the future of our
“Truman genuinely feared that the Soviet Union and China intended to expand the sphere of communism throughout Asia” (“US Enters the Korean Conflict”). Truman was concerned that communism was going to spread throughout Asia and then into the United States. The president is allowed to send military troops when “acting urgently in what was judged to be a grave national emergency” (Sparkman, 1977). It is hard to determine what is considered a national emergency.
The President of the United States is the head of the executive branch of the federal government and is vested with a great deal of power. However, many argue that the President has too much power and that this concentration of power poses a threat to democracy and the rule of law. This paper will examine the reasons why the President has too much power and the dangers of this concentration of power. One of the main reasons why the President has too much power is that the Constitution grants the President broad executive powers.
The Constitution of the United States of America was designed as the balance between the Articles of Confederation and the British monarchy. The Founders drafted the document with clear safeguards and limitations in place to prevent the rise of a British like government. A dominant executive branch was feared to become king-like; as a result, presidential powers as the Commander in Chief were designed to be held within the confines of Congress’ consent. As time progressed, rapid expansion of the executive’s power is seen through neglect of the necessity of congressional approval. Nearly 250 years later, the president possesses too much of the “War Power” due to clear disregard of the necessity of congressionally sanctioned wars.
Congress never declared a state of war against North Korea, however Congress did continue to provide funding. Total U.S. casualties: 36,574 killed, 103,284 wounded, POW/MIA 12,640. Truman also declared the use of emergency powers when he seized private steel mills that failed to produce steel because of a labor strike in 1952. With the Korean Conflict ongoing, Truman believed he could not wage war successfully if the economy failed to provide him with the resources necessary to keep the troops well equipped. The U. S. Supreme Court, however, refused to accept that argument in Youngstown Sheet & Tube Co. v. Sawyer, voting 6-3 that neither Commander in Chief powers, nor any claimed emergency powers gave the President the authority to seize private property without Congressional legislation.
On December 8th, 1941, Franklin Roosevelt branded Japan as an infamous enemy, a target that must and would be defeated. In February of 1942, FDR issued Executive Order 9066, initiating internment camps in America. Thousands of people with Japanese ancestry were rounded up and unceremoniously forced into sites across the country. Whole families lives were uprooted for what the government called “military necessity”. Sixty-two percent of those imprisoned were citizens of the United States.
Ever since the colonies of the United States were created democracy was never thought of to become their government. Many of our founding fathers hated the idea of democracy. Even in the Pledge of Allegiance includes the phrase: "and to the republic for which it stands. " The system of government established by the Constitution was never intended to be a democracy. This is evident not only in the wording of the Pledge of Allegiance, but in the Constitution itself, which declares that "The United States shall guarantee to every State in this Union a Republican Form of Government" (Article IV, Section 4).
The power of the executive branch is one of the most influential heads and has an enormous responsibility of upholding the duties as a president within the United States of America. Democracy has played a vital role in the advent of a president derived from the opposition of a king during the separation between the colonies and the British motherland. The primary goal in the United States is to stray away from becoming an imperialism presidency where the president acts as king because it takes away certain rights such as the first amendment. However, some citizens believe that the country is turning into an imperialism presidency, but this is not true due to the regulations implemented in our government by executing forms of moderation to keep
As the head of the executive branch, “the president’s main job is to execute, or carry out, the laws passed by Congress” which includes the power to “veto, or reject, bills passed in Congress” and “pardon or reduce the penalties against people convicted of federal crimes” (215). The president bears the responsibility of making nationally important decisions on a regular basis. Thus, the president, as the leader of America, must have wisdom, prudence, and a consideration for human rights. When one holds the title of president, he or she “stands a s a symbol not only of the federal government, but of the entire nation” (215). As a highly respected and highly looked upon individual, the president must also ensure that their executive actions stay consistent with American values and maintain fundamental human