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).
Habeas Corpus Kevin Clark Sr. POL201: American National Government (GSl1233B) Professor: Dovie Dawson September 17, 2012 Habeas Corpus If you get arrested in the United States there are certain laws that the procedures the courts must follow after detaining you as a prisoner. To ensure this is done right the Government came up with what is called the Habeas Corpus. Habeas Corpus is a Latin phrase that means “we command that you have a body”; it is a “writ” or a court order also known as the Great Writ that requires a person under arrest to be brought before a judge or into a court of law. This is done to ensure that a prisoner can be released from unlawful detentions, it is also used to challenge the legality
Yes, the President has unilateral war powers in political reality (he does not have it according to the letter of the law). As Commander-In-Chief, the President can order troops into any incursion for any reason; this later can be reclassified as a Black Op and kept secret, presented to Congress as an Act of War, or labeled as 'Peacekeeping' or termed a 'Police Action'. The authority of this action can then be authorized via Executive Order or Signing Statement - and used to circumvent constitutional law, procedure, or the separation of powers. This is partially how George W. Bush has been getting around Congress. Since the troops have to go in first, all Congress can do is cut off the funding.
Basic Principles of the War Powers By Louis Fisher Article Review Abstract The article by Louis Fisher entitled Basic Principles of the War Powers examines the history and established regulation of war declaration under Article I of the United States Constitution. The framers of the Constitution of the United States specified that the executive power of war would be transferred to Congress as a measure to prevent the establishment of a monarchy form of government. After World War II, the power of Congress to grant war powers to the President has appeared circumvented because of conflicts in Korea and Vietnam without specific approval from Congress. The article by Louis Fisher outlines the power vested in Congress to grant war
Bush on October 17, 2006. The Act's stated purpose was "To authorize trial by commission for violations of the law of war, and for other purposes. It was drafted following the Supreme Court's decision on Hamdan v. Rumsfeld (2006), which ruled that the Combatant Status Review Tribunals), as established by the United States Department of Defence, were procedurally flawed and unconstitutional, and did not provide protections under the Geneva Conventions. It prohibited detainees who had been classified as enemy combatants or were awaiting hearings on their status from using "Habeas corpus" to petition federal courts in challenges to their detention. All pending habeas corpus cases at the federal district court were stayed.
* By the vote of 9 states VOCABULARY FOR THE CONSTITUTION: ♦ Enumerated powers: powers specifically delegated to the federal government in Article 1, Section 8 ♦ Delegated powers: same as enumerated ♦ Implied powers: those necessary to carry out the tasks/powers expressly delegated to the government; “necessary and proper” ♦ Advice and consent: refers to the role of the Senate in confirming presidential appointments and ratifying treaties ♦ Writ of habeas corpus: can’t be held in jail/detained without charges against ♦ Bill of attainder: law that singles out individual or group for punishment without trial ♦ Naturalization: granting citizenship ♦ Pocket veto: President not returning a bill to Congress during the 10 day time from before Congress adjourns ♦ Ex post facto: after the fact; retroactive law THE FIRST 10 AMENDMENTS: THE BILL OF RIGHTS: * First: no gov’t est. religion; freedom of religion, speech, press, right of the people to peaceably assemble, petition the gov’t for redress of
One reason alone is why, the President has so ordered it. The CIA is acting under orders, as is the Military to do what ever it takes to find out information. The fifteenth and sixteenth paragraphs of an article named Military Lawyers Fought Policy on Interrogations by Josh White of the Washington Post Newspaper, puts the blame exactly where it belongs on who is responsible for this. “In 2002, the State Department's legal adviser expressed concerns that the Bush administration had ignored the Geneva Conventions in deciding how to treat captured members of al Qaeda and the Taliban. Because such captives have been categorized as "enemy combatants" and not prisoners of war, the administration has said the conditions of their detention are not governed by the Geneva Conventions, though they would be treated humanely.
"The Right of Privacy: Is it Protected by the Constitution?" Exploring Constitutional Conflicts. 24 June 2012 <http://law2.umkc.edu/faculty/projects/ftrials/conlaw/rightofprivacy.html>. Mills, Jon L. Privacy: The lost right. Oxford [UK: Oxford UP, 2008.
If the response of the President results in a sustained conflict, then Congress does become involved; congress can authorize military action without formally declaring war. An example to look at: after the events of the 9/11 attacks or in the build-up to the Iraq War. Article 1 of the Constitution clearly gives Congress, not the president, the “power… to declare War” (U.S. Constitution, Cornell University). Seven years, a “war” has raged on in Iraq and has caused tax payers over 2.2 trillion dollars and has claimed over 190,000 lives, 70% which were civilian lives (Iyer,