The President is our Commander in Chief, taking his powers away presses him not to be able to do his sworn duties to keep our nation safe. I feel the outcome in this case was a backwards push to the Executive Branch and the Courts. A better outcome could be possible with a change in the laws that govern us. One such law is a law that would take away certain rights if you are caught fighting against your birth country. Our country has seen such stripping of rights before and if we want to win this war a new law needs to be written against citizens that
The government accused Schenck of illegally interfering with military equipment, violating the Espionage Act which prohibits all false statements that interfere with the military power. The court ruled against Schenck and created the clear and present danger test: “whether the words are used in such circumstances as to create a clear and present danger” as Justice Wendell Holmes stated. Overall, the Schenck case rules that freedom of speech could be limited by the government. The true threat doctrine also contributes to if song lyrics should be protected by the first amendment. The Supreme Court ruled in Watts v. United States that “a threat must be distinguished from what is constitutionally protected speech.” Robert Watts made a statement during a rally in the Washington Monument grounds in August 1966: “If they ever make me
The court said that his criminal conviction was constitutional because the first amendment didn't protect speech encouraging insubordination. So basically this ment that during wartime, our freedom of speech is restricted more then it would be during
The Washington Times and the Washington Post, two online periodicals, posted an article about President Bush’s point of view about deportation. “Massive deportation of the people here is unrealistic. It’s just not going to work,” Mr. President said. “The biggest problem in this debate is going to be what to do with the people who are already in our country illegally.” “A person ought to be allowed to get in line. In other words, pay a penalty for being here illegally, commit him or herself to learn English, which is part of the American system, and get in the back of the line.” President Bush is against massive deportation of illegal immigrants; he states that a massive deportation won’t help the United States solve the problems with illegal
After World War two, the world split into two distinct camps. Propaganda was use to justify or condemn about such as the United States and the Soviet Union became engaged in proxy wars against one another. As a result, propagandists ought to portray an enemy nation as harboring all the qualities that were adverse to their own conception of liberty and progress. The differences between American capitalist democracy and Soviet socialist totalitarianism came from their systems. The American government went out of its way to portray communists as scarier and more not the same as what Americans were.
Checks and balances provide a way to make sure no one branch reaches total power. For instance, Congress can try to pass a law but the President can veto any bill that comes his way. Also, if the President ends up doing something unconstitutional, Congress has the power to conduct a trial and impeach the President if necessary. In essence, these checks and balances prevent the US from becoming a totalitarian country. The court case of Marbury v Madison happened when Marbury’s was withheld by Madison and ended up suing James.
Should George Bush be impeached?DS: Do you think George Bush should be impeached? NS: I think there is a case for him to be impeached, but I don’t think it would be a good idea. The reason I say there is a case because partly under the Constitution it’s high crimes and misdemeanors, which are not defined and the latest precedent we have is having a blow job in the Oval Office and lying about it is considered to be a high crime and misdemeanor. Well, Bush, has clearly lied to Congress, the American People, to the media about much more serious infractions and violations of the Constitution. He’s had a view that as Commander-in-Chief he can do whatever he wants, that he’s above the law, that he doesn’t have to abide by the laws that are duly
The Cigarette Ad Revolution We live in a country where we occasionally find ourselves blindfolded by censorship. Of all the amendments, the government chooses to bend the cornerstone of our American being: the First Amendment, which guarantees freedom of religion, press, and most importantly, speech. In “Cigarette Ads and the Press,” writer Ira Glasser argues against the government’s censorship of cigarette advertising. According to him, the government holds so-called exemptions allowing them to bypass the Constitution’s First Amendment by condemning tobacco ads as messengers of death. He says the “terrible erosion of First Amendment Rights [is excused by] the tendency of courts to allow illegitimate government claims of danger to justify
2092) In the court case of Brown v. United States, Brown argued that the laws of war were broken when the President tried to take over some land that was under the ownership of the enemy forces after the War of 1812. In the Supreme Court hearing, the court decided that “the declaration did not authorize the confiscation...because it had ʻonly [the] effectʼ of creating a state of war.” (Bradley & Goldsmith, pg. 2093) The Supreme Court then decided that the President did not have the powers to obtain property in the U.S., unless otherwise authorized by Congress. Since Brownʼs case versus the U.S., it has
Hamden’s lawyers also argued that it was unconstitutional to be tried by a military commission, under the protection of the Geneva Conventions. The Supreme Court ruled in 2006 the prisoners of Guantanamo Bay were in fact protected under Article 3 of the Geneva Conventions, stating the Executive branch does not have any jurisdiction when it relates to prisoners and their rights to petition the Government for trials. The Bush Administration again explained Guantanamo Bay, because it is located in Cuba, GITMO “prevents judicial review of the legal status of prisoners; it is the "legal equivalent of outer space," unlike military bases on US territories.” The Bush Administration explained the Eleventh Circuit Court of Appeals ruled, the U.S Army Military Police has the right to treat prisoners however so because they are located on Cuban