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Constitution's Vesting Clause

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Interpretation of the Constitution’s Vesting Clause has caused the executive's office to greatly expand or contract throughout the course of American history. Every president perceives the Constitution differently, causing contested changes to the office in the pursuit of their overarching goal of national security .

As early as Washington's first term, presidential interpretation affected the office’s growth and set the precedent for years to come. He immediately expanded the power of the veto by the denial of a House apportionment bill. The veto was rationalized on the grounds of constitutionality, but even this was an expansion of presidential power. Henceforth, the president’s use of the veto became a tool of constitutional enforcement …show more content…

Georgia. Judicial review, set by Marbury v. Madison in 1803, was denied. He taunted Chief Justice John Marshal, saying, “Now let [him] enforce it!” (S15, Jackson). With the growing tendency towards westward expansion and a rise of the populist movement, Jackson's override was in the interests of national security, as he deemed himself as a “‘tribune’ of the people” (S24, Jackson). Jackson made it clear that national security and popular interests were directly linked through the presidency of the United …show more content…

He passed the Alien and Sedition Acts of 1798. Their original purpose of the law was to criminalize “false, scandalous and malicious” (A&SA) accusations against government officials. As impending war with France grew closer, Adams thought the only way to prevent internal rebellions was to suppress the speech of the French-favoring Democratic-Republicans, who sought to misrepresent public officials. Adams saw citizens as an impediment to national security, unlike Jackson who sought to represent them. Nevertheless, this violation of the Bill of Rights is simply another example of how presidential interpretation of the Vesting Clause expands their powers in the name of national security.

The definition of national security is different for every executive of the United States, but this nearly unregulated discretion was granted through the Second Article of the Constitution. So as new presidents come to fruition, they too will alter America through their personal interpretation of national security and their willingness to enforce these

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