John Yoo John Yoo, as previously discussed, takes on a different view of war powers of the President of the United States and Congress. As Yoo still delivers his argument from a legal approach, there is an explanation of what makes the President’s war power valid as it relates to the constitution, framers intentions, and how the legality of the U.S. going to war serves as his vindication. He does with by presenting three different views of how to observe war power: (1) what were to feelings/notions of the early settlers that came from Europe, (2) what were the framers intentions and should be approach reading those intentions, and (3) what role does Congress play in regards to shared war power with the President. Unlike Fisher, Yoo expresses …show more content…
Thus, what was left was the idea that a leader of the people should do whatever is necessary for the people as long as it is good. Did the settlers want a monarch once again? Of course not, but it was clear that the weakness of the Articles of Confederation was not going to lead to issues being solved. On the contrary, there was a need for a stronger government. However, Yoo argues for the type of government the framers wanted. On that notes, Yoo implies that such a level of power to the President is appropriate as it relates to historical context. Within the Monarch system, Yoo explains that parts (or branches) check each other for the greater good of the people and their well being. In his argument, Yoo uses John Locke to see what the framers wanted in terms of the legislature and executive powers. However, more importantly, Locke dealt with the federative power, which is the premise that sometimes that common people cannot have a say in matters. The matters that are obviously being discussed are foreign affairs and war. In the reading, it is clear that Locke wanted the executive power and the federative power to viewed with disconnection. Yoo fights for what Locke said about these matters, and on an even more important detail, it was the way of thinking that influenced the framers leading up to the time of the …show more content…
Again, this meaning here is that the constitution should have that level of flexibility to meet the needs of the people. As the evolution of America experiences quick drastic change—for example, the 20’s to the 60’s had a lot of social/economic/political changes in America—that is makes if necessary for that kind of adaption to also exist in the constitution. To Yoo, the framers intended this level of adaption to exist for generations to come, and should be expected in this day an age. This strengthens Yoo’s argument of Presidential power of war in America due to the fact that we live in more terrifying times than the time of the framers in early America. It makes sense to give that immediate authority to a single person who can work quickly and efficiently to protect the American people as commander in chief. And yet again, this was originated in the minds of the framers due to their experiences with
to declare war was vested in the Congress. This decision set the stage for the
Since its very conception, the Constitution of the United States has while holding great reverence, been a great topic of debate amongst the political scholars left to analyze it in all its ambiguity. Two such scholars, John Roche and Charles Beard, in their analyses of the Constitution aim to tackle a layer of the uncertainty: how democratic the Framers truly intended the Constitution to be. John Roche speaks in unquestionably high regard of the Framers in advocating that they so evidently compromised their own values in order to create a democratic document that would strengthen the US as a whole. Charles Beard conversely insists that as the economic elite of their time, the Framers were influenced primarily by their private interests to
The American Civil War not only proved to be the country’s deadliest war but also precipitated one of the greatest constitutional crises in the history of the United States. President Lincoln is revered by many Americans today as a man of great moral principle who was responsible for both preventing the Union’s dissolution as well as helping to trigger the movement to abolish slavery. In retrospect, modern historians find it difficult to question the legitimacy of Lincoln’s actions as President. A more precise review of President Lincoln’s actions during the Civil War, however, reveals that many, if not the majority, of his actions were far from legitimate on constitutional and legal grounds. Moreover, his true political motives reveal his
... “inflexible and uniform adherence to the rights of the Constitution, and of individuals, which we perceive to be indispensable in the courts of justice”? (Hamilton.Jay.Madison 105) With an end reminding us of the tough qualifications judicial offices must have met to get into office. “Hence it is that there can be but few men in the society who will have sufficient skill in the laws to qualify them for the station of judges.” (Hamilton.Jay.Madison 106)
During the American Revolution, the Americans aspired to keep their government as far away from the resemblance of the British government as possible. Politics were changing in a time where the monarchs ruled the American people, that had to be put to a stop. States’ rights were being advocated into the new United States government as much as humanly possible. James Madison was a helper in writing the Federalist papers along with John Jay and Alexander Hamilton. Madison writes “you must first enable the government to control the governed” (Doc I), which demonstrates the authority that the Federalists initially wanted
Under the Constitution, war powers are divided. Congress has the power to declare war and raise and support the armed forces (Article I, Section 8), while the president is the Commander in Chief (Article II, Section 2) (War Powers Resolution, Wikimedia). It is generally agreed that the Commander in Chief role gives the president power to repel attacks against the United States and makes him responsible for leading the armed forces. During the Korean and Vietnam wars, the United States found itself involved for many years in undeclared wars (War Powers Resolution, Wikimedia). Many members of Congress became concerned with the erosion of congressional authority to decide when the United States should become involved in a war or the use of armed forces that might lead to war. The Senate and the House of Representatives achieved the 2/3 majority required to pass this joint resolution over President Nixon¡¯s veto on November 7, 1973. (War Powers Resolution, Wikimedia).
(Sell Lecture Notes, p.6) Congress shares responsibility with the president in declaring war, negotiating treaties with other countries and proving funds for soldiers and weapons. This is when conflicts come to head. The Vietnam War is a perfect example of this conflict, when the President waged war without a formal declaration of war from Congress. Because of this Congress then passed the War Powers Act in 1973. (Sell Lecture Notes, p.2) The Presidency has many responsibilities and powers.
Williams, Charles F. "War Powers: A New Chapter in a Continuing Debate." Social Education. April 2003: 128-133. SIRS Issues Researcher. Web. 07 May. 2014.
The argument in John Locke's Second Treaty of Government is stating that the government should not be governed by a definite family, God or precedent, instead through the society. This lifetime on Earth is bursting with choices, through our agency those choices lead to consequences. If every man has the same rights as everyone else, they could enjoy their lives as long as no one disturbed the rights of others. If one man did disrupt the privileges of others, a collective law came about through the people in addition to a judge listen to and resolve their situations. The people would need to unite and build a government. Taking the opinion of others, using personal experiences they could create a new life style. T This is how the colonists existed
By the late eighteenth century, America found itself independent from England; which was a welcomed change, but also brought with it, its own set of challenges. The newly formed National Government was acting under the Articles of Confederation, which established a “firm league of friendship” between the states, but did not give adequate power to run the country. To ensure the young nation could continue independently, Congress called for a Federal Convention to convene in Philadelphia to address the deficiencies in the Articles of Confederation. While the Congress only authorized the convention to revise and amend the Articles the delegates quickly set out to develop a whole new Constitution for the country. Unlike the Articles of Confederation, the new Constitution called for a national Executive, which was strongly debated by the delegates. There were forces on both sides of the issue trying to shape the office to meet their ideology. The Federalists, who sought a strong central government, favored a strong National Executive which they believed would ensure the country’s safety from both internal and external threats. The Anti Federalists preferred to have more power in the hands of the states, and therefore tried to weaken the national Executive. Throughout the convention and even after, during the ratification debates, there was a fear, by some, that the newly created office of the president would be too powerful and lean too much toward monarchy.
During the construction of the new Constitution, many of the most prominent and experienced political members of America’s society provided a framework on the future of the new country; they had in mind, because of the failures of the Articles of Confederation, a new kind of government where the national or Federal government would be the sovereign power, not the states. Because of the increased power of the national government over the individual states, many Americans feared it would hinder their ability to exercise their individual freedoms. Assuring the people, both Alexander Hamilton and James Madison insisted the new government under the constitution was “an expression of freedom, not its enemy,” declaring “the Constitution made political tyranny almost impossible.” (Foner, pg. 227) The checks and balances introduced under the new and more powerful national government would not allow the tyranny caused by a king under the Parliament system in Britain. They insisted that in order achieve a greater amount of freedom, a national government was needed to avoid the civil unrest during the system under the Articles of Confederation. Claiming that the new national government would be a “perfect balance between liberty and power,” it would avoid the disruption that liberty [civil unrest] and power [king’s abuse of power in England] caused. The “lackluster leadership” of the critics of the new constitution claimed that a large land area such as America could not work for such a diverse nation.
When the constitution of the United States was formed, the framers specifically designed the American Government structure to have checks and balances and democracy. To avoid autocracy the President was give power to preside over the executive branch of the government and as commander –in –chief, in which a clause was put into place to give the president the power to appeal any sudden attacks against America, without waiting for a vote from congress. While the president presides over the executive branch there has been ongoing debate over the role of the president in regards to foreign policy. Should foreign policy issues be an executive function by the president or should congress play a much greater role? With the sluggishness of our democracy, foreign policy issues most times need quicker response compared to how domestic policy is decided in the United States. Many believe to maintain openness and democracy both the president and congress need to agree on how the United States handles issue abroad. Although the president has been given much power, his or her power and decisions are sometimes limited based on decisions by congress and challenged and shaped by various bureaucracies throughout the government system. I shall discuss the Presidents role and the role of governmental bureaucracies (Department of Defense, Department of State and the National Security Council) that work together and sometimes not together to shape and implement American foreign Policy.
While thousands of American men fought in the war, not all American’s believed that the war was justified. In his address to the nation, President James Polk stated that the United States would fulfill it’s destiny by bringing peace to the less fortunate. In contrast to this, many in America felt that the war was unjust, realizing that the disputed territory never belonged to the United States. Among those opposing President Polk’s declaration of war was Congressman Abraham Lincoln, who refuted the President’s claims by analyzing his speech. Thomas Parker delivered a speech entitled “Sermon on War” in which he criticized the war for the same reasons as Abraham...
The American Revolution stirred political unity and motivated the need for change in the nation. Because many Americans fought for a more balanced government in the Revolutionary War, they initially created a weak national government that hampered the country's growth and expansion. In the Letter from Abigail Adams to Thomas Jefferson, Mrs. Adams complained about the inadequacy of power that the American government had to regulate domestic affairs. The Articles of Confederation was created to be weak because many had feared a similar governing experience that they had just eliminated with Britain. The alliance of states united the 13 local governments but lacked power to deal with important issues or to regulate diplomatic affairs. Congress did not have the power to tax, regulate trade, or draft people for war. This put the American citizens at stake because States had the power to refuse requests for taxes and troops (Document G). The weakened national government could not do anything about uprisings or small-scale protests because it did not have the power to put together an army. The deficiencies of the confederation government inspired the drafting of the American Constitution. The document itself embodied the principle of a national government prepared to deal with the nation's problems. In James Madison's Federalist Paper, he persuades the American public to adopt the Constitution so that the government can protect humans from their nature and keep them out of conflicts.
After winning the Revolutionary War and sovereign control of their home country from the British, Americans now had to deal with a new authoritative issue: who was to rule at home? In the wake of this massive authoritative usurpation, there were two primary views of how the new American government should function. Whereas part of the nation believed that a strong, central government would be the most beneficial for the preservation of the Union, others saw a Confederation of sovereign state governments as an option more supportive of the liberties American’s fought so hard for in the Revolution. Those in favor of a central government, the Federalists, thought this form of government was necessary to ensure national stability, unity and influence concerning foreign perception. Contrastingly, Anti-Federalists saw this stronger form of government as potentially oppressive and eerily similar to the authority’s tendencies of the British government they had just fought to remove. However, through the final ratification of the Constitution, new laws favoring state’s rights and the election at the turn of the century, one can say that the Anti-Federalist view of America prevails despite making some concessions in an effort to preserve the Union.