Richard Nixon and the Notion of Presidential Power
"Actions which otherwise would be unconstitutional, could become lawful if undertaken for the purpose of preserving the Constitution and the Nation."
The idea that certain actions are not illegal if used to preserve the best interests of a nation has drawn sharp criticism from the time of Lincoln through today. Presidents of the United States do take a solemn oath in which they promise to “ . . . preserve, protect, and defend the Constitution of the United
States”, but the means which they have employed to accomplish these ends have greatly differed and have occasionally sparked great controversy. The unjustified means which Richard Nixon used to defend this nation and its
Constitution have drawn a great deal of attack not only on his methods but also on the greater notion of Presidential power.
Many Presidents have faced many different tumultuous challenges and obstacles which have posed potential threats to American societal stability and security. Yet very few have used such controversial means to overcome these threats. For example, after the birth of the nation, Executives faced the threats of political division and the ideas of the many dangerous paths prescribed for the Union. As the debate over slavery escalated, the future of the states and of the Union seemed uncertain. Furthermore, as the nation moved rapidly through the Industrial Revolution, the future of the nation's labor force and of its general welfare seemed uncertain. As time passed, the nation would encounter the greatest economic depression of all time, and the challenges would continue. Our nation would still battle the divisive issues of racism and discrimination. Yet none of the Presidents who governed during these daring times exploited the authority of their position in unwarranted manners. The
Nixon Administration would however, exploit its authority and attempt to justify its actions based on the ‘similar' actions of Abraham Lincoln.
During the Civil War, this nation's greatest test of will and spirit,
President Lincoln felt it incumbent upon the President to assume certain authority and responsibility not specifically granted to the Executive by the
Constitution. His rationale stemmed from his desire and oath to preserve the
Constitution and the Union as a whole. On the eve of the Civil War, Lincoln, fearing a strong Confederate threat, initiated a blockade of all Southern ports; ordering no vessels in or out of the South. Clearly an act of war, Lincoln faced immediate challenge from Congress and Confederate leaders. His reasoning, though, for carrying out such a dangerous and controversial act was his belief that it would tame the South and prevent massive bloodshed in the future.
The election of President Abraham Lincoln became the catalyst for the events leading to the Civil War. Lincoln represented the Republican Party who believed that all men should be free and that it was wrong to maintain people as slaves, ...
When Abraham Lincoln spoke at his inauguration on March 1861, the nation’s mood was grim. It was a frigid day and the sky was grey. Even worse, nobody knew how the newly-elected President, a novice lawyer, would handle the nation’s biggest problem since its inception: Southern secession. The U.S., and its grandeur and resplendence were at stake and were now reduced to nothing more than the preposterous “Disunited States of America.” Americans were in a state of perplexity, and one question remained etched in the minds of Americans: “Did the South have a legal right to secede from the Union?” No, the South did not have a legal right to secede from the Union, due to the longevity of the Union, the solidarity between the states, and the menacing implications secession entails.
“A house divided against itself cannot stand (Document M)”, said by Abraham Lincoln about how the North and South couldn’t continue being half free and half slave states it would slowly destroy the government that they tried to create. Lincoln also stated that, “Either the opponents of slavery will arrest the further spread of it… or its advocates will push it forward till it shall become lawful…(Document M)”. Scott Dred a slave while wanting to become a member of the political community as told by the legislative and the historians that, “...a Negro of the African race was regarded by them as an article of property (Document L).” With the help of the rights given to him from the North it was stated that, “..in the territory of the United States north of the line therein mentioned, is not warranted by the Constitution, and is therefore void (Document L).” Politics assisted with the cause of the Civil war because the Southern and Northern views on freedom were too different that their would never be a real resolution that would make both political parties within the states
By searching the internet, I was interested in the Supreme Court case United States v. Nixon. I chose this case because it raised the controversy of balancing the presidential privilege and the judicial review. Also, it made other branches of government reconsider the power of the president. Because of this case, Nixon, the 37th US president, had to resign from his office. Therefore, he became the only president who resigns during his term in the US history (Van Alstyne, 1974).
The Evolution of the Power of the Presidency The views of the presidency by the first sixteen presidents varied widely but all of their actions set precedents for their successors to use, expand, or even curtail the power of the office. Some believed in the Whig theory of strict adherence to the constitution, while others believed the president was the steward of the people with a loose interpretation of it. The power of the office expanded through the years, however it only expanded as far as the public and congress allowed. George Washington was the first President of the United States of America and realizing this he acted carefully and deliberately, aware of the need to build an executive structure that could accommodate future presidents.
The politics of the ultratight resonated deeply with Richard Nixon. Nixon had cut his political teeth as a young Red-hunting member of the House Un-American Activities Committee in the 1950s. His home district in Orange Country, California, was widely known as a Birch Society stronghold. The Los Angeles-area Birch Society claimed the membership of several political and economic elites, including members of the Chandler family, which owned and published the Los Angeles Times. According to the writer David Halberstam (1979, 118) the Times, which was once described as “the most rabid Labor-bating, Red-hating paper in the United States,” virtually created Richard Nixon.
In 1860 Abraham Lincoln was elected as president of the United States of America, the repercussions of which led to civil war. However it was not only Lincoln’s election that led to civil war but also the slavery debate between the northern and southern states and the state of the economy in the United States. Together with the election of Lincoln these caused a split, both politically and ideologically, between the North and South states which manifested into what is now refereed to as the American Civil War.
Four and a half months after the Union defeated the Confederacy at the Battle of Gettysburg, Abraham Lincoln delivered the Gettysburg Address on November 19, 1863. He gave the Union soldiers a new perspective on the war and a reason to fight in the Civil War. Before the address, the Civil War was based on states’ rights. Lincoln’s speech has the essence of America and the ideals that were instilled in the Declaration of Independence by the Founders. The sixteenth president of the United States was capable of using his speech to turn a war on states’ rights into a war on slavery and upholding the principles that America was founded upon.
It is widely known that Abraham Lincoln, since his childhood, was never a fan of the south. Additionally, his father was a devout Christian, which played a major role in the development of Lincoln’s moral and ethical beliefs, which manifested themselves more so later on his life and would play a major part in Lincoln’s agenda during the Civil War. The idea that Lincoln may or may not have overstepped his powers during the process of preserving the unity of the United States will be looked at closely in the following paragraphs. This critical analysis will look at various sources with differing views in order to establish a solid conclusion as to why Lincoln was justified in the actions he took as President during the Civil War.
The Civil War began on April 12, 1861 at Fort Sumter in Charleston Harbor when the Confederate army attacked Union soldier and ended on May 9, 1865 with a Union Victory. There are many events, laws, and people that provoked the Civil War. The two most important causes are slavery and the expansion of the United States causing an unbalance of free and slave states. This essay examines major events that initiated the war starting from the Compromise of 1820 to the election of 1860 and proves how the Civil War was inevitable.
The power of the federal government can also be seen during Lincoln’s presidency at the time of the Civil War. He swayed the entire purpose of the war to something far off from what had been the initial purpose. From fighting for the preservation of the Union, Northerners readily began to accept that the abolition of slavery was the cause of the war for them, not the Union. Lincoln and his power made this happen.
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.
The drumming of war cry were beating slowly in the background. In the month of November 1860, events began to heat up. Lincoln got elected on the 6th. South Carolina called for a Convention. New York stock market dropped its price. Maj. Anderson was ordered to Ft. Moultrie. Georgia voted a million dollars to arm the State. In December, South Carolina seceded on 20th. Anderson secretly moved the Federal garrison to Ft. Sumter at night on 26th. US Revenue Cutter William Aiken surrendered to S. Carolina State force on demand. Please notice that President Buchanan took the "do nothing" policy. Taking a ship is clearly an act of war, according to the Northern viewpoint, but the same act would become the defense of a new Country from the Southern viewpoint. But if the Federal chose not to fight back, there would be no "conflict." So you could see that a series of "incidents" happened, but the Federal under Buchanan did not respond.
"Don't kneel to me. You must kneel to God only, and thank him for the liberty you will enjoy hereafter" (Brinkley 414). President Abraham Lincoln spoke these words to a former slave that kneeled before him while walking the streets of the abandoned Confederate capitol of Richmond in 1865. Although there are several different questions of why the North won the Civil War, factors involving manpower, economy, military tactics and leadership, and presidential leadership, are all parts of a puzzle historians have tried to put together for years. I believe that these four factors should prove to be the most powerful reasons for the Union's destruction of the Confederate States of America. The presidential leadership of Lincoln will be revealed as the major influence over the other three factors.
In September 6th, 1971, Richard Nixon, the 37th president of the United States, addressed the nation that work ethics is ingrained in American character and that their competitive spirit “is the inner drive that for two centuries has made the American workingman unique in the world.” Since Richard Nixon speech, America has become a thriving country and have influenced many other countries with its unique inner drive, as described by Nixon. With the increase movement of people around the world as well as the exchange of ideas, globalization has expanded and connected people from different societies across the world. When more and more people are exposed to new ideas, American’s work ethics and their competitive spirit have also impacted ideas