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). Yoo describes that the constitution examines the two branches power- the president as Commander-in-chief and congress with control over funding and declaring war. The Framers made it this way to be more flexible and create a more deceive action instead of going through the legislative process. Yoo believes that the President has unilateral war powers based on what is written in the Constitution and does not need Congress approval Michael Cairo on the hand thinks different. He believes the founding fathers never envisioned to grant exclusive war powers to the president.
America: True Heirs of the Roman Republic? Rubicon by Tom Holland, is a historical narrative of the Roman Republic. Holland’s thesis for the entire book is, “We are also, for good as well as ill, the heirs of the Roman Republic”. What Holland means is America has inherited every aspect of Roman culture; the good and the bad. Holland’s book’s key point is the conflict between Sulla and Marius.
Throughout history, mankind has waged war against each other various reasons. These reasons are often times proven to be trivial and superfluous thus making wars preventable. The American civil war was a war that was inevitable because of key events leading up to the war divided the country to the point where it made war unpreventable. The first issue that made the civil war unavoidable was the Declaration of Independence (cite). The writer of the Declaration was Thomas Jefferson who wrote it based off the ideals of the enlightenment period.
This rigidity might suggest that to an extent, US politics is still firmly rooted in the political circumstances of the late 1700s when the constitution was devised, and often struggles to adapt to some changes that occur. For instance, although the American Civil War was fought from 1861 to 1865, it was not until the 1960s, almost a hundred years later, when civil rights began to be established, such as by the Civil Rights Act of 1964, passed under President Lyndon B Johnson. The ambiguity of the US constitution, however, can often mean that there is considerable scope for interpretation. For example, the 2nd Amendment states that it is “the right of the People to keep and bear arms”. People have disagreed for years over whether this means it is constitutional for state militias to be formed and armed, or whether it means
Imagine you are fighting in a war. Fighting for your country against a country that has a monarchy. American history is based on all of the events that happened and how America became what it is today. Revolutionary writers Thomas Paine, Benjamin Franklin, Patrick Henry, and Thomas Jefferson all wrote pieces to defend America, however In John Adams piece “Defense of the Constitutions of Government in Massachusetts During the Revolution”, Adams argues that free government has a great advantage over a simple monarchy. Adams relies on juxtaposition and counter argument to develop his argument that a free government is better than a monarchy.
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.
6, and in other of his accredited essays, is that he tells the reader clear examples of the dangers of staying completely sovereign states, such as how, “the last war but two between Britain and Spain sprang from the attempts of the English merchants, to prosecute an illicit trade with a Spanish main.” What Hamilton is referring to here is the War of Jenkins’ Ear which began in 1739 between the English of South Carolina and the Spanish of Florida. Both countries wanted the fertile and resourceful land that would later turn into Georgia, and were willing to draw up arms in order to get it, even though the countries were at peace before this (War of Jenkin’s Ear). The placement of this story into the text of Federalist No.6 gives the reader, especially those of the southern colonies, a very good analogy of the downward spiral that could happen in the foreseeable future if the states were to remain completely
Sue Davies Pol 201 Oct 1, 2012 Habeas Corpus The meaning of Habeas Corpus in the Constitution is simply this: Habeas corpus, a Latin term Meaning "you have the body," refers to the right of every prisoner to challenge the terms of his or her incarceration in court before a judge.1.. This term has taken on a whole new urgency since the post 9/11 taking of potential prisoners to Guantamano Bay . It is called Gitmo and has sparked many debates about the rights of prisoners of war. I would like to show that the holding of the prisoners at Gitmo is a legal and viable idea. The Habeas Corpus term comes from an old English work to mean to produce a body; This means to have viable evidence and a person to show as a prisoner.
States too have on many occasions tried to legislate their own laws regarding immigration. This was the case after the Civil War that prompted the Supreme Court to rule in the case of Chy Lung vs. Freeman that immigration was a federal rather than a state
Divided There has been much debate on the idea of a singular cause of the Civil War. In fact, America can even be seen as split on the issue in a 2011 national survey taken by the Pew Research Center. Most Americans believe the war was either a direct result of slavery or the issue of state’s rights; however, it is clear the truth may lie somewhere in-between. The answer to the cause of the Civil War is mirrored by the country itself at this time—divided. The state’s rights issue was embedded in the issue of slavery; this, would lead our nation to war.