ipl-logo

Supreme Court Cases: Bands V. United States

1408 Words6 Pages

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”

Show More
Related

Pros And Cons Of Walter E. Williams Electoral College

275 Words | 2 Pages

Our Founding Father decided that we were a republic instead of democracy. William then discuss about the system and

Read More

To What Extent Was Lincoln An Imperial Presidency

529 Words | 3 Pages

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.

Read More

Compare And Contrast Lincoln And Jefferson Davis

592 Words | 3 Pages

A good example of this was the suspension of Habeas Corpus by the president. Lincoln

Read More

Merryman Vs Lincoln

249 Words | 1 Pages

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.

Read More

Abraham Lincoln's Suspension Of Habeas Corpus

559 Words | 3 Pages

After the Emancipation Proclamation, in 1861 Lincoln decided to issue yet another executive order, suspension of Habeas Corpus. Habeas Corpus is a legal guarantee, which gives the individual the right to know why he or she is being arrested and to be entitled to a trial. It is important to notice that Abraham Lincoln has suspended Habeas Corpus on numerous occasion during the Civil War (Foner, p.98-99). The reason I choose to focus on the executive order form March 3rd, 1983, is because at that time Lincoln suspended Habeas Corpus throughout the whole North. We must also acknowledge that Abraham Lincoln was much more careful inn suspending civil liberties during a war, than other American presidents in U.S history.

Read More

The Iran-Contra Affair: A Political Scandal In The Late 1980s

1383 Words | 6 Pages

It raised important questions about the role and limits of presidential power, congressional oversight, public accountability, foreign policy objectives, national security interests, human rights principles, and moral values. It also demonstrated how secrecy and deception can undermine democracy and erode trust between leaders and

Read More

Should The United States And Congress Have The Power In The Area Of Foreign Policy?

957 Words | 4 Pages

The Founding Fathers wanted a unilateral executive power meaning they wanted one person in charge of the executive branch. “Single executive would a source of ‘energy’” and “single executive was indispensable to controlling executive power” (Milkis and Nelson, 2016). The Founding Fathers found it important that one person should be in charge because one person is able to make decisions quicker rather than having a group of people debate and take more time. “The President speaks for the United States in the international

Read More

War Power Vs Presidential Power

1433 Words | 6 Pages

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.

Read More

Expansion Of Presidential Power Essay

1053 Words | 5 Pages

The role of the president is an increasingly contentious subject matter, and is especially relevant in the late 20th and early 21st centuries due to an increase in partisan gridlock. The question surrounding how much power the President should be able to have has been a discussion in government dating back to the framers of the constitution. The framers purposefully did not want the President to have too much power due to their opposition to an all-powerful central government. The checks and balance provision between the Legislative, Judicial and Executive branch was implemented to ensure that no branch of government could obtain a disproportionate amount of power. The broad nature of the second article surrounding executive power has been used as a tool for presidents to

Read More

Presidents Have Too Much Power Essay

548 Words | 3 Pages

The President is not subject to the same checks and balances as other branches of government, and the President can use his power to circumvent the laws and regulations that are in place to protect the rights and freedoms of citizens. This can lead to abuses of power and violations of civil liberties, which undermine the democratic principles of the United States. Furthermore, the President's power to make treaties and executive agreements can also be problematic, as it allows the President to enter into agreements with foreign governments without the consent of the Senate. This can lead to the United States entering into agreements that are not in the best interests of the country and that are not supported by the American

Read More

Power To Declare War

1654 Words | 7 Pages

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.

Read More

Japanese Internment Effect

392 Words | 2 Pages

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.

Read More

Executive Branch Research Paper

159 Words | 1 Pages

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

Read More

America Is Not A Democracy Essay

581 Words | 3 Pages

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).

Read More

Qualities Of An Effective President Essay

538 Words | 3 Pages

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

Read More

More about Supreme Court Cases: Bands V. United States

Related Topics

Open Document