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
SONG LYRICS AND THE FIRST AMENDMENT We believe that the first amendment protects all song lyrics unless the lyrics incite a “clear and present danger.” The first amendment of the constitution is, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or of the right of the people to peaceably assemble, and to petition the government for the redress of grievances.” Although we have these rights guaranteed to us by the first amendment, our speech is restricted if it incites a clear and present danger. So what do we do about songs that can be misconstrued about their message and purpose? Should their lyrics be protected by the first amendment? In our opinion, the first amendment should protect all song lyrics unless they incite a “clear and present danger” The clear and present danger clause was produced during World War 1 in the case of United States v. Schenck, where Charles Schenck sent 15,000 anti-draft letters through the mail. 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.
Lincoln also declared a blockade of the Southern coast, an act of war that, arguably, recognized the status of the Confederacy as a belligerent nation rather than as a mere mass of individuals in rebellion against the Union (which Lincoln insisted they were). The suspension of habeas corpus was perhaps the most constitutionally significant of these acts. Often known as the Great Writ of Liberty, habeas corpus is the constitutionally authorized means by which a court may immediately assume jurisdiction over an arrested individual and inquire into the legality of the detention. If a court concludes that the detention is unlawful, it is empowered to immediately release the individual. In suspending the writ, Lincoln relied on the constitutional authorization that the framers had perceptively included years before in Article I, Section 9 (which reads, in part, “The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it”).
Attorneys for Schenck challenged the constitutionality of the Espionage Act on First Amendment grounds. Freedom of Speech, Schenck's attorneys argued, guarantees the liberty of all Americans to voice their opinions about even the most sensitive political issues, as long as their speech does not incite immediate illegal action. Attorneys for the federal government argued that freedom of speech does not include the freedom to undermine the selective service system by casting aspersions upon the draft. In a 9–0 decision, the Supreme Court affirmed Schenck's conviction. Justice Oliver Wendell Holmes Jr. delivered the opinion.
It stands as the first significant exploration of the limits of First Amendment free speech provisions by the Supreme Court. It protected the use of the draft by the federal government. The case also drew the line between protected and unprotected speech. Finally, it introduced the phrase “Shouting fire in a crowded theater,” which serves as an example of speech that is claimed to serve no conceivable useful purpose and is extremely and imminently
The founding Fathers of this great nation, compelled on behalf of its citizens throughout, created, drafted, and adopted the Declaration of Independence and the United States Constitution. Representing will and determination, both documents serve as a testament of freedom and the pursuit to obtain liberty and justice for all citizens. Both documents address the “people” but neither of them elaborates the meaning of the word “people” based upon gender. Men protected their freedoms with both the U.S. Constitution and The Declaration of Independence, while simultaneously using them to suppress the freedom of women, just as Judge Hunt did in the case against Susan B. Anthony. As the Judge seen fit to instruct the court, he openly acknowledges the
Amendment’s 1-7 Research Paper The Constitution and all of it's amendments were created as a rule book or a guideline on what the government of the United States can do and what it can not do. It protects American citizens from abusive government actions against them that could violate basic rights like religion and freedom of speech. The first seven amendments are very important and give us many rights. The 1st Amendment to the US Constitution was passed by Congress on December 15, 1791 as part of the Bill of Rights and this amendment guarantees freedom of religion and the press. The amendment states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or
Espionage Act of 1917 originally prohibited any attempt to interfere with military operations, to support U.S. enemies during wartime, to promote insubordination in the military, or to interfere with military recruitment. Schenck v. United States was a United States Supreme Court decision that upheld the Espionage Act of 1917 and concluded that a defendant did not have a First Amendment right to express freedom of speech against the draft during World War I. Clear and present danger was a doctrine adopted by the Supreme Court of the United States to determine under what circumstances limits can be placed on First Amendment freedoms of speech, press or assembly. Meyer v. Nebraska was a U.S. Supreme Court case that held that a 1919 Nebraska law restricting foreign-language education violated the Due Process clause of the Fourteenth Amendment. Red Scare denotes the promotion of fear of a potential rise of communism or radical leftism, used by anti-leftist proponents.
The government can now regulate businesses in their territory. Schenck v. U.S. 1. This case deals with the First Amendment’s right to free speech in World War I. 2. The court ruled that the right of free speech should be minimized during times of war.
Actions that do not conform are unconstitutional and therefore null and void. The practice is usually considered to have begun with the ruling by the Supreme Court of the United States in Marbury v. Madison (1803). Several constitutions drafted in Europe and Asia after World War II incorporated judicial review. Especially subject to scrutiny in the U.S. have been actions bearing on civil rights (or civil liberty), due process of law, equal protection under the law, freedom of religion, freedom of speech, and rights of privacy. See also checks and balances.