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The poor drafting of the WPR since the sections of the War Powers Resolution does not mention for example any procedures or what the congress can do when the president choose not to comply with the resolution. In addition the Congress unwillingness to enforced it over the years made it unsuccessful to be fully functional, that is why the United States Presidents had exploited some faults in the War Powers Resolution to undermine it, however the Congress, has the absolute powers to enforce it yet they did not, and so the WPR came through ups and downs due to its disadvantageous text and vagueness and resulted in ongoing tug of war in the Congress itself between the House and the Senate (Teacher. Law, 2013). If we look to the main function behind
Since its enactment in 1973, The War Powers Resolution has been a point of tension between the executive and legislative branches. It is a resolution that prompts the commander in chief to exercise his war powers “only pursuant to a declaration of war, specific statutory authorization from Congress, or a national emergency created by an attack upon the United States.” It places a set of requirements on the president for the introduction of armed forces into hostilities, including a forty-eight hour period for the notification of congress, and a sixty day period for withdrawal of troops in the absence of a war declaration, with an additional thirty days for the safe removal of troops. It also requires the president to consult with congress when
However, according to Document 1, “Any statement might interfere with the armed forces, incite disloyalty, or obstruct recruiting to the Army became a punishable offense.” So the Espionage Act was passed to punish anyone who conveyed information intended to interfere with the armed forces. The next year, the Sedition Act was passed to make harsh punishments against anyone who spoke false information that interfered with war. When the Espionage Act was made a law, according to Document 2, “Charles T. Schenck was convicted of violating the act by printing and distributing to draftees leaflets that urged them to resist the draft.” One argument used by the U.S. Supreme Court to uphold Charles T. Schenck was, “When a nation is at war many things which might be said in time of peace are such a hindrance to its efforts that their utterance will not be endured so long as men fight...
War Power Reform When it comes to war-making powers, both the legislative and the executive branches play a major role determining the course of action. Constitutionally the legislative branch has the power to declare war, but the president (executive branch), without Congress’s permission, can “make” war. This is due to the War Powers Resolution, which was enacted by Congress in 1973 to keep the president in check.
Current Event: Conscription is not an enumerated power for the legislative branch in the Constitution, but in the Vietnam War, it was justified through the elastic clause as Congress declared it necessary and proper to execute the enumerated powers. 13. 3/5ths Compromise: Definition: For representation in the House of Representatives, since slaves were considered property by slave states, but those same states wanted more representation in Congress, a compromise was reached where each slave would be counted as 3/5 of a
The laws in the military were changed many times through the years by the military, leading people to disagree with new regulations. In a way, the government manipulated the US military and molded
The questions of whether or not the President has authority to use the military without congress first having declared war has proven to be a great source of conflict throughout history. The confusion comes from the different interpretations of the clauses. Since the Korean War, it has been accepted that the executive powers are that “The president has the power to initiate hostilities without consulting Congress” (libertyclassroom.com). This is often misinterpreted and has been used to expand executive authority and essentially make war without a congressional declaration of war. Perhaps the first example of this misuse of power dates back to the presidency of John Adams.
The War Measures Act was declared for the third time in Canadian history (but for the first time for domestic use in the country) for the October Crisis in 1970. The terrorist group Front de Libération du Québec (FLQ) kidnapped the British trade commissioner James Cross and The Quebec Labour Minister, Pierre Laporte and the group also murdered Pierre Laporte. This crisis shocked everyone and it led to the command of the War Measures Act. Pierre Trudeau’s decision to pass the War Measures Act was a very necessary and a strong step due to the acts of terrorism. I agree that his decision was right and the act was justified because of three reasons which are that the act dealt with the greatest terrorist attack in Canadian history, the majority
Understanding the potential infringement upon Congress’ right to declare war, thereby
“In a moment of decision the best thing you can do is the right thing, the next best thing is the wrong thing, and the worst thing you can do is nothing.” Those are some wise words said by the President during WWII…. Pres. Franklin Delano Roosevelt. This quote can relate to a plethora of issues, when one may have to make an impossible choice and one does not know what to do.
This is a clear example that shows that even the most controversial parts of the Patriot Act are not just constitutional, but strongly supported by the Constitution. From this, many see that any attempted claims that the Patriot Act is wrong in the law are based merely on thought. But, there are more than one sections of the Patriot Act that are up for debate. Any arguments against the Patriot Act are destroyed quickly due to the fact that, “no single provision of the Patriot Act has ever been found unconstitutional,” (McNeil). Once again, it is clear that the Patriot Act is constitutional.
The main purpose of the act was to have the president and congress approach war efforts with “collective judgement,” yet the act itself seems to allow the president to bypass congress just as how presidents Harry Truman, Lyndon Johnson, and Richard Nixon did in the Korean and Vietnam Wars. The act was supposed to correct the errors of such wars, but it really does not address the issue of powers between the executive and legislative branches effectively. In essence the president can declare war in the emergency when the United States is under attack, such as the 9/11 terrorist attacks in New York and the Pentagon however, he is restricted from actually enacting war, meaning he can only say that there will be war, but he cannot start organizing and sending troops to hostile countries without the formal consent of congress. Therefore, the war powers act attempts to decrease the president’s power to enact war, but it violates the constitution and bypasses congressional authorization for war by permitting the president to send troops to hostile countries for 90
Foreign Intelligence Surveillance Act allows U.S. intelligence agencies to acquire foreign intelligence information by monitoring foreign persons in the USA and abroad. This act ensures that intelligence agencies can respond in time to terminate a security threat. The most important part of this act, the Section 702 forbids deliberate monitoring of US citizens and their communication. Technically NSA has been violating this act ever since it has been enacted in 2008 because, as we know, they have been monitoring all US citizenry.
Ryan Smith 10/12/15 Memoir Since one of my biggest fears is of sharks you could only imagine descending into an ice cold tank with a dozen of them. I only had a wet suit and a oxygen tank only to come face to face with several of those things. There were only 2 guides, and 1 other person trying to get over their fear of sharks, like me.
Jonathan Edwards was a fifth generation Puritan minister who was active during the time the influence of Puritan beliefs was on the decline. The shame of the Salem witchcraft trials in 1692 remained in the back of the Puritan minds for a generation. The trails were a tragic event that exposed the extremes of misguided Puritan fanaticism. During the early part of the eighteenth century, New Englanders relished in the rising level of wealth that prompted a sense of both material and spiritual ease eventually leading to the Half-Way Covenant. Where full church membership was the privilege of those and the offspring of those who could testify to an individual experience of conversion, the Half-Way Covenant stretched such membership to the third