9/11 Federal Powers

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There are a few expressed powers mentioned in Article II section 2 of the U.S. Constitution. One of these expressed powers is for the president to be Commander in Chief of the Army and Navy when actually called into service. What does the power entail in today's world? After 9/11 the powers under the Commander in Chief grew substantially since the Supreme Court declared that the congressional intent supported the actions of the Commander in Chief. Not all good things come when someone gains more power than they have had before. Under the Bush administration members of the Taliban were rounded up and placed in Guantanamo Bay as detainees. The Bush administration believed that since they prison was in Cuba it fell outside of the U.S. Judicial jurisdiction. With the case of Rasul v. Bush in 2004 determined that the detainees in Guantanamo Bay had the right to habeas corpus petitions. A writ of habeas corpus is used when bringing a detainee or prisoner in front of the court to decide if the imprisonment is lawful or not. …show more content…

This power is one of the least limited powers granted to the president under the Constitution. The power of pardoning someone came from the royal English Prerogative of Kings. Charles Pickney decided to propose the option of giving the chief the power to pardon someone on the 29th of May 1787. He did so since neither the New Jersey plan nor the Virginia Plan gave the chief the power to do so. “Alexander Hamilton reflects this in The Federalist No. 74, in which he argues that "humanity and good policy" require that "the benign prerogative of pardoning" was necessary to mitigate the harsh justice of the criminal code. The pardon power would provide for "exceptions in favor of unfortunate guilt.” "The President's Broad Power to Pardon and Commute." The Heritage Foundation. N.p., n.d. Web. 11 Aug.

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