The American Presidency: The Imperial President

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The American Presidency The Imperial President

• AP US Government Politics
• Mrs. Lacks

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Examples of Expansion of Power

• Jefferson Louisiana Purchase
• Jackson Trail of Tears elimination of National
  Bank
• Lincoln suspension of habeas corpus
• T. Roosevelt national parks, Panama Canal
• F. Roosevelt welfare system, social security,
  hundreds of government agencies
• Truman Korean War
• Kennedy Cuba, Vietnam, Iraq
• Nixon bombings of Laos Cambodia
• Clinton Bosnia Somalia
• G. W. Bush - Iraq

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Emergency Powers of the President

• confiscate property horses, metal, firearms,
  etc
• set wages and pricescontrol inflation in war
  time conditions
• declare martial lawCongress must give consent to
  suspend to writ of Habeas Corpusthe right to
  due process of law not being held without a
  hearing
• control transportation and communicationsecurity
  reasons
• rationing strategic materialsmetal, grease,
  milk, cotton

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Examples of Abuse of Emergency Power

• Japanese detention camps (FDR)
• Illegal FBI bugging and opening mail without a
  Court ordered warrantviolates the 4th amendment
  (Hoover)
• Secret wars in Loas and Cambodia (Nixon)

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The Imperial President

• Post-Cold War Presidents
• Stems from the Presidential power as Commander in
  Chiefeverything from the Cold War is still
  thereall the power he acquired hes still GOT

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The Imperial President

• Emergency powers granted by Congress
• Secrecy for National Security
• executive privilege (ability for POTUS to
  resist certain subpoenas or other interventions
  by Legislative and Judicial branches US v.
  Nixon)
• Examples of abuse of power assassinations CIA
  used domestically against political dissidents
  (called Operation CHAOS, used by Eisenhower
  Nixon)
• War making powers
• Usurpation of power (uses legal powers illegally
  likewire taps without warrants Nixon)
• Increased powers as a result of Congressional and
  Supreme Court actions
• Gulf of Tonkin Resolution
• Executive Agreements

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Commitment of Troops Without Congress (pre-1973)

• Declaration of War on Japan (FDR)
• Korean War (Truman, Eisenhower)
• Bay of Pigs (JFK)
• Cuban Missile Crisis (JFK)
• Vietnam (JFK, LBJ)
• Cambodia Laos (Nixon)

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Why little opposition?

• Few members of Congress will challenge a
  successful military operation.
• The United States often sends troops into hostile
  situations as part of UN operations.
• The views of foreign policy elites and military
  leaders are very important in shaping policy in
  times of conflict, as are national security
  concerns.
• Popular opinion is an important influence on the
  president and Congress in times of conflict,
  although the government does not always do what
  the public wants (example Congress continued to
  appropriate funds for the conflict in Vietnam
  even after it became unpopular).

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Limiting the Imperial President

• War Powers Act (1973)
• Concurrent resolutionsboth Houses agree by
  majority vote to withdraw troopsnot subject to
  Presidential veto (resolution)Unconstitutional?
  Non-Justicable political issue
• National Emergencies Act, 1976 Congress must
  authorize or deauthorize emergency situation
  every 6 months (ends state of emergency FDR
  declared in the 30s)
• Joint Congressional Intelligence Oversight
  Committee
• CIA notification of covert actions
• No assassinations of foreign leaders

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War Powers Act (1973)

• Passed by Congressover presidential veto (in
  response to a decade of sending troops abroad -
  JFK, LBJ, Nixon)
• An attempt to limit presidential use of troops
  without congressional authorization
• No president has ever acknowledged the
  constitutionality of the War Powers Act.
• The requirements for the president to report to
  Congress within 48 hours and limit the use of
  troops to 60 days have never been tested in the
  courts.

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War Powers Act (1973)

• According to the act
• The president must report in writing to Congress
  within 48 hours after sending troops into a
  hostile situation.
• Congress must provide for the continuation of
  the use of troops within 60 days by a formal
  declaration of war or other statutory
  authorization.
• If Congress does not authorize the continued use
  of troops within 60 days, the president must
  withdraw the troops.
• If Congress passes a concurrent resolution
  directing the president to remove the troops, he
  must comply.

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War Powers Act - Activity