At federal level the upper house is the Senate and the lower house is the By Jack Morris House of Representatives. In Victoria the upper house is the Legislative Council and the lower house is the Legislative Assembly. The House of
Executive Privilege: Confidential communications between the president and his advisers do not have to be disclosed. The justification for this practice has been the separation of powers and the need a president has for candid advice. During the Watergate Scandal, President Nixon refused to turn over tape recordings of White House conversations. The Supreme Court, ruling on executive privilege for the first time, held that there was a sound basis for the practice, particularly in military and diplomatic matters, but there was no immunity from judicial process under all circumstances. Impoundment of funds: From time to time presidents have refused to spend money appropriated by Congress.
Although Congress passed for bills known as the Alien and Sedition Acts in 1798 intending to help protect the government of the united states from potential threats, they did not truly protect Americans from their foreign enemies. There were many controversies that developed around and because of these acts. The Alien Acts had three parts. The first part stated that you had to live on U.S. soil for at least fourteen years in oder to become a citizen. This made it harder for foreighners to become citizens.The second part stated that the President had power to deport all aliens that he thought dangerous to the peace and safety of the United States.
Although the First Amendment was always an important part of the bill of rights, modern First Amendment law was not born until after World War I. For this reason, Lincoln and his subordinates imposed restrictions on speech during the Civil War that he likely would not have imposed if he had the benefit of the next 150 years of First Amendment jurisprudence. For example, on September 24, 1862, responding to the grave political and military climate, Lincoln issued a proclamation declaring martial law and authorizing the use of military tribunals to try civilians within the United States who were believed to be “guilty of disloyal practice” or who “afford[ed] aid and comfort to Rebels.” The following March, Major General Ambrose Burnside assumed command of the Department of the Ohio and issued General Order No. 38, authorizing imposition of the death penalty for those who aided the Confederacy and who “declared sympathies for the enemy.” When Democratic congressman Clement L. Vallandigham, perhaps Lincoln’s sharpest Northern critic, referred to Lincoln in a public speech as a political tyrant and called for his overthrow, he was arrested by 150 Union soldiers at his home in Dayton at 2:40 a.m. on May 5, 1863. He was escorted to Kemper Barracks, a military prison in Cincinnati, brought before a military tribunal a day after his arrest, found guilty, and sentenced to imprisonment for the duration of the war.
Post-Civil War, under a Republican Congress, the Court was reluctant to hand down any decision that questioned the legitimacy of military courts, especially in the occupied South. The President's ability to suspend habeas corpus independently of Congress, a central issue, was not addressed, probably because it was moot with respect to the case at hand. Though President Lincoln suspended the writ nationwide on September 24, 1862, Congress ratified this action almost six months later, on March 3, 1863, with the Habeas Corpus Suspension Act. Milligan was detained in 1864, well after Congress formally suspended the writ. That notwithstanding, military jurisdiction had been
The new Constitution sought to divide the powers of government among the different branches of government to provide a system of checks and balances of power. According to Fisher (2012) “The Constitution vests in Congress the power to regulate foreign commerce, an activity the Framers understood as closely related to the war power. Commercial conflicts between nations were often a cause of war. In 1824 in Gibbons v. Ogden, Chief Justice John Marshall said of the commerce power that "it may be, and often is, used as an instrument of war." Guided by history and republican principles, the framers placed that power and responsibility with Congress” (para
I believe the Constitution did a better job of protecting liberties, specifically in the areas of the federal court system, representation of the people, and the levy of taxes. Alexander Hamilton, statesman and economist, proclaimed "Laws are a dead letter without courts to expound and define their true meaning and operation”. The Articles of Confederation which gave rise to the Confederation government that took effect in March 1781, did not give the national government any means to enforce the federal laws. The states could, and often did, choose to interpret or enforce federal laws in any manner they saw fit. This led to disputes amongst the states that could not be readily settled, as it relied on each state’s court system which invariably chose to discount the ruling of the other states.
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.
The Watergate Scandal In the Federalist Papers #51, President James Madison argues that separations of power are necessary because “men are not angels”. This separation between the Executive, Legislative, and Judicial branches ensures that no one branch becomes too powerful, but with this separation ultimately problems are bound to occur. Over the history of the United States, many conflicts have arisen between the various branches over conflicting interests, with a notable conflict between the legislative and executive branches being the Watergate Scandal. This conflict, which took place during the Richard Nixon administration, resulted in the first resignation of a United States president in history. The Watergate was an American political scandal which occurred when Richard Nixon, the 37th President of the United States, was running for reelection against his democratic rival, George Stanley McGovern.
The President is only restricted by Article II, Section 2 of the Constitution so the decision is made solely by the President. The only way to change this power is to add an amendment to the Constitution and this is not a task that is easily accomplished. This power that is granted to the President has created a lot of controversy. However, the pardoning of a turkey is one pardon that has become an annual tradition and is done every Thanksgiving. While a presidential pardon will restore various rights lost as a result of the pardoned offense and should lessen to some extent the disgrace arising from a conviction, it will not erase or expunge the record of a conviction.