Declare War

In the year 1803 the case of Marbury v. Madison was brought before the Supreme Court in order to address the issue of William Marbury’s appointment as federal circuit judge. This created a unique and complex challenge for the Supreme Court of the time because they were operating under no legal precedent, which meant that they had no prior cases to reference to reach a ruling. The issue came to a head after the Judiciary Act of 1801 allowed for President John Adams to appoint sixteen new circuit judges one of them being William Marbury. However, before Secretary of State Marshall ran out of time before he was able to deliver Marbury’s appointment. When the new Secretary of State James Madison entered office, he refused to deliver Marbury’s appointment, claiming that it was too late. Outraged, Marbury filed a writ of mandamus against Madison in order to force him to complete the specified action, which in this case was to deliver the commission. However, through complex political maneuvering the Judiciary Act of 1802, was enacted which repealed the Judiciary Act of 1801 reestablishing the Judiciary Act of 1789 and postponing the case until 1803. One of the key issues in the case was then if William Marbury was entitled to a remedy for the deprivation of his right to his commission. Chief Justice John Marshall with a narrow and technical ruling then determined that since President Adams with his signature had completed Marbury’s commission of appointment he was entitled to the

“It is an ancient English legal concept that empowers judges to order imprisoned persons to be brought into core to determine if they are being legally held” (Lincoln and the Writ of Liberty). This quote comes from “Lincoln and the Writ of Liberty” showing how the writ of habeas of corpus allows a fair trial for all criminals. The Constitution and Bill of Rights includes accused persons the right to fair and speedy trial, a jury of peers, and protection from cruel or unusual punishment. “On September 24, 1862, Lincoln issued a proclamation unprecedented in American history. He suspended the writ of liberty everywhere in the United States. The suspensions applied to Confederate spies or to those who aided the rebel cause, interfered with military enlistments, resisted the draft, or were ‘guilty of any disloyal practice” (Lincoln and the Writ of Liberty). Mrs. Surratt was accused to be an aid in the rebel cause and the suspension of the writ of liberty affected her trial immensely. Mary Surratt’s execution was not equitable because she did not have access to the basic rights given to U.S.

“When war is thrust upon the nation, the President had not only the authority but the responsibility to ‘resist force by force.’” –U.S. Supreme Court ruling of the Prize Cases, 1862 (67 U.S. 6335).

Decisions that presidents had made previously with little congressional participation. Under Article I, Section 8, of the Constitution in the Government of the United States, or in any Department or Officer thereof. Congress is granted responsibility for caring out their powers as well as all other powers in the Constitution. This gives them the constitutional right to establish certain procedural implements for war proceedings. Thus, the central purpose of the War Powers Resolutions to restrain the president from unilaterally deploying U.S. Armed Forces. Constant with this intent, legislation imposed the president to report and consult with congress. More notably, it provides congressional supervision by permitting congress to force troop

Throughout American history, the writ of habeas Corpus has been the basis of the legal system of the United States, meant to preserve civil freedoms. Habeas corpus established a constitutional check on any dictatorial power that tried to present itself. It allowed any individual that was arrested to stand in front of the court to challenge whether they were being imprisoned according to the law of the land, ensuring their civil liberties weren 't threatened; however, only in times when the stability of a country was threatened could it be temporarily suspended. President Lincoln came into office in 1861 and by the

The Writ of Habeas Corpus states that “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" (U.S. Constitution. Art. I, Sec. 9). In simpler terms, this means that the government, or its officials, is forbidden to arrest a citizen without allowing the case to be presented to a judge or court. The dictionary defines a writ as "a form of written command in the name of a court or other legal authority." Since the signing of the Magna Carta in 1215, Habeas Corpus has been a pillar of law in America ("FAQs: What Is Habeas Corpus."). It

After Fort Semester in South Carolina was attacked, President Lincoln suspended the writ of habeas corpus by issuing presidential executive order on 27 April 1861, which was applicable across the entire US (Manuell, 2013). Through this order, Winfield Scott, who was the commanding general of the army was authorized to suspend the writ of habeas corpus, implying that citizens in Maryland could be arrested if they were found involved in violating the country’s laws. Consequently, thousands of people were detained in being suspected of sympathizing or spying for the Confederates (Dirck, 2010).

It requires the President in every possible instance to consult with Congress before introducing American armed forces into hostilities or imminent hostilities unless there has been a declaration of war or other specific congressional authorization (The War Powers Act of 1973). Claremont Education It also requires the President to report to Congress any introduction of forces into hostilities or imminent hostilities, Section 4(a)(1); into foreign territory while equipped for combat, Section 4(a)(2); or in numbers which substantially enlarge U.S. forces equipped for combat already in a foreign nation, Section 4(a)(3) (War Powers Resolution: Presidential Compliance).

A landmark case in United States Law and the basis for the exercise of judicial review in the United States,

Lastly, Does the Supreme Court have original Jurisdiction to issue a “Writ of Mandamus”? Since the Judiciary Act was considered unconstitutional, the

The United States government is comprised of three branches; executive, legislative and judicial. Of these branches it is said that the President, under the executive branch, has the most power. Congress as part of the legislative branch, however according to the text, “American Government Institutions and Policies” by James Wilson, John Dilulio, and Meena Bose, “to the Framers of the Constitution, the bicameral (two-chamber) Congress was “the first branch.” They expected Congress to wield most of the national government’s powers…and [have] the ultimate authority to declare war” (p. 303). However, as we know the commander in chief (the President) has the authority to declare war, and can be considered as the “central figure in American politics”.

On September 15, 1863 President Abraham Lincoln temporarily suspended Habeas Corpus, which is the right to due process. Anyone who was a confederate sympathiser or spoke out against the war were arrested, put in jail and weren 't given a trial until after the war was over. Lincoln suspended Habeas Corpus because he wanted to suppress dissenters to strengthen the War effort. More than 13,000 civilians in the Union were arrested under martial law throughout the War. Lincoln viewed his action as justified since he believed the country was in a time of crisis.

Because Abraham Lincoln’s presidency took place during a national crisis, the Lincoln administration not only marks a critical turning point in the political history of slavery but raises questions about the role and responsibility of the executive power during war time. As Nelson and Milkis note, Lincoln ran his administration parallels to that of a forceful leader. As commander in chief, for instance, Lincoln expanded the power granted to the president during war time. Going beyond the scope of presidential power, Lincoln suspended the the writ of habeas corpus in the northern and border states. This suspension is significant in that the action greatly empowered governmental officials, for they could make arrest in an absence of a warrant

became concerned with the “abuse” of this power, particularly those executed by former Presidents Lyndon Johnson and Richard Nixon (288). This concern emerged during the Vietnam and Korean wars when the United States was in great conflict with the nations without a formal Declaration of War by Congress. In an effort to limit the President’s power, Congress passed the War Powers Resolution which established guidelines for the executive during times of conflict. The Resolution requires the President to alert Congress of his intentions to commit forces. However, the President must withdraw forces within 60 days unless Congress declares war, grants special authorization, extends the 60 day period, or is unable to physically meet as a result of an armed attack against the United States (288). The President is provided the power to extend the 60 day period if he determines that doing so is necessary for the safety and

Prior to the War Powers Act, President Harry Truman, rather than seek Congressional declaration, used his constitutional power as commander in chief to commit troops to the Korean War. Congress had no say in whether this war would be fought. Along with this, the 1964 Gulf of Tonkin Resolution gave Presidents Lyndon Johnson and Richard Nixon the power to “take all necessary measures … to prevent further aggression[iv].” This gave the presidents complete control over the war despite the Congresses eventual division, who could do nothing about it. These incidents caused Congress to decide that the Framers did not intend for the president to have this kind of war making power, so they passed the War Powers Act on November 7th, 1973, right after the Vietnam War.