Presidential Powers and the Constitution

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R...... Supreme Court Essay #1 10/31/14 Since the American Revolution and the creation of a new nation under a written Constitution, the Framers of the United States had a vision of a republic that shared the balance of governance within a three branch system; each designed to organize a balance of power whereby Constitutional division of powers provide each branch the means to frustrate the goals favored by a single branch; in an attempt to promote interbranch cooperation. The Framers had extreme distrust in a large national government and especially in the case of executive power due to the events that led to the Revolutionary War. However, by the time…show more content…
The third action is when the President “takes measures incompatible with the expressed or implied will of Congress, his power is at its lowest ebb, for then he can rely only upon his own Constitutional powers”, at this level the Presidents actions must be strongly scrutinized under the Constitution. The Youngstown case and the argument made by Justice Jackson clearly state the Presidential power over military action through executive prerogative. The Supreme Court has repeatedly held that the President, when necessary not only has the right but has an obligation to protect the peace of the United States and its citizens, as well as take care that the laws, and policy be faithfully executed under the Constitution. The Prize Cases (1863) laid the basis for the Presidents authorization to employ military action to allow for the execution of law. Lincoln claimed during the Civil War that the war power was his for the purpose of suppressing a rebellion, the Prize Cases decision agreed with Lincoln’s action. The Prize Cases were more recently used as precedent in Hamdi v Rumsfeld (2004), where Justice Thomas stated “The power to protect the nation ought to exist without limitation because it is impossible to foresee or define the extent and variety of national exigencies, or the correspondent extent and variety of the means which may be necessary to satisfy them”, Thomas continued in saying, “Congress cannot anticipate and legislate with regard
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