In summary, the Congress is given the power to declare war and “to raise and support armies”, but the president is authorized to serve as commander-in-chief of the armed forces “when called into actual service of the United States.” This means the President has the power to move troops where he deems fit regardless of congress. See the issue here? In Issue 5 of the reading we hear two sides if the President has unilateral war powers or not. John C. Yoo is a Law professor at the University of California Berkeley says yes he does have unilateral war powers. Yoo “argues that the language of the constitution, long-accepted precedents, and the practical need for a speedy action in emergencies all support broad executive power during war.”(Taking sides p73).
The court has ruling and power to inspect state and federal laws and decision-making actions to agree on if the obey the rules of the U.S Constitution. The constitution is there to make sure all the courts are following the rules. This is there to help and guide senates and executive authority not only to specific cases. The Supreme Court obtains the uppermost power and has final decision. The Supreme Court may have the power of all the courts; they still find themselves with restrictions to their power ("Supreme Court, United States", 2005.)
Locke would support these obligations of legislation. He believed that “the power of the legislative branch in the utmost bounds of it is limited to the public good of society.” (The Influence of Locke…) Locke would support the legislative branch because the laws they pass must be within the laws of nature and cannot restrict people’s rights. The power of the Executive Branch is given to the President of the United States, who also acts as head of state and Commander-in-Chief of the armed forces. The Presidents job is to pass and enforce the laws created by congress. He is also the commander and chief of the military.
The title Commander and Chief represents the elected civilian authority over the military that ensures all military forces are subordinate to civil power. The framers of our Constitution understood that a situation could arise where the President may need to use military power without hesitation to defend the nation from foreign attack. They drafted provisions that allowed for immediate defense of the nation from foreign attack but restricted offensive actions to Congressional approval. The precedent of Congressional war powers approval was established by President George Washington in 1793 as described according to Fisher (2012)” President Washington took great care in instructing his military commanders that operations against Indians were to be limited to defensive actions. Any offensive action required congressional authority.
Judicial review allows the judiciary branch enforce their rulings. They cannot enforce them through any other way. Judicial review is the judiciary's foremost "check and balance" counter to the legislative and executive branches of government. In other countries judicial reviewEfforts to justify the exercise of judicial review have been made since the nation's founding. In the late 18th century, individuals such as James Iredell, Alexander Hamilton, and James Wilson wrote publicly to convince the American people to accept the judiciary they had designed.
The case will continue under review by the Federal District Court in the state of Confusion, and because of contradictory problems present the resolutions will require further investigation. The United States Court of Appeals will handle the case until final resolutions are made. This process could take years and there is one final answer in the United States Supreme Court. According to the Constitution, (Article III, 2): the judicial power shall extend to all cases in law and equity arising under the Constitution of the United States and treaties made or shall be made under their authority. These are cases affecting ambassadors, other public ministers and consuls cases of admiralty and maritime jurisdiction.
Many such documents throughout history have either failed or have outgrown its developing society. It is because of the Constitutions vagueness that our government is able to interpret it to fit our developing society. Many believe the Constitution has become irrelevant because no guiding principles seem to exist. The Constitution has not become irrelevant in defining the goals of the American Government. This is shown by looking at how the Constitution ensures and upholds the American ideas of rights, how it defines governmental structures, and how it permits the Supreme Court to shape and define public policy through Constitutional Interpretation.
The President of the United States is the head of state and the Commander-in-Chief of the military. It is the duty of the President to implement and enforce laws
I also am responsible for both enforcing the law and the Soldiers rights. I am responsible for all legal attributes of my Soldiers. I teach them how to resolve legal issues and also what the Uniform Code of Military Justice entails. I am also responsible for the Internal Analysis of strengths and weaknesses, which focus on internal factors that give my organization certain advantages and disadvantages in meeting the needs of WAR. I am also responsible for the External Analysis.
Don’t get excluded: How not to violate the fourth amendment (Your name here) (Name of class) (Name of professor) (Date written) The fourth amendment is one of the most referenced and debated constitutional amendments among law enforcement professionals, making for a constant battle between civil rights and upholding the law. All United States citizens are protected under this amendment which secures a persons right to privacy free from governmental intrusion (Cunningham, 1988). The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. (U.S. Const. amend.