Any high school graduate knows the constitution gives presidents a lot of power. The executive branch has always been the most powerful branch. In the last several decades, the Supreme Court has become the most powerful branch of government (because of the ideology of Chief Justice Rehnquist).
Presidents control the military, CIA, the Justice Department, the Treasury, the Border Patrol, the Department of Homeland Security, the D.O.E., the USDA, the Health and Human Services Department, the Department of Transportation, the Department of Commerce, etc.. And presidents' powers are expanded during the time of war.
Presidents also have the right to attack other countries anytime they deem it necessary (and congress has the right to declare war). High school graduates know F.D.R. and Truman decided the outcome of World War 2, not congress.
2007-05-02
15:46:08
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13 answers
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asked by
a bush family member
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Politics & Government
➔ Politics
The constitution gives presidents the right to attack countries without the permission of congress (Article II Section 2). Any attempt by congress to limit a president's constitutional right would violate "separation of powers"
1) Constitution:
Article II, Section 2
"President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States."
Article II, Section 1.
"The executive power shall be vested in a President of the United States of America."
2007-05-02
15:57:36 ·
update #1
2) SUPREME COURT RULINGS:
a) Johnson v. Eisentrager, 339 U.S. 763, 789 (1950) (President has authority to deploy United States armed forces "abroad or to any particular region")
b) Fleming v. Page, 50 U.S. (9 How.) 603, 615 (1850) ("As commander-in-chief, [the President] is authorized to direct the movements of the naval and military forces placed by law at his command, and to employ them in the manner he may deem most effectual")
c) Loving v. United States, 517 U.S. 748, 776 (1996) (Scalia, J., concurring in part and concurring in judgment) (The "inherent powers" of the Commander in Chief "are clearly extensive.")
2007-05-02
15:57:57 ·
update #2
d) Maul v. United States, 274 U.S. 501, 515-16 (1927) (Brandeis & Holmes, JJ., concurring) (President "may direct any revenue cutter to cruise in any waters in order to perform any duty of the service")
e) Massachusetts v. Laird, 451 F.2d 26, 32 (1st Cir. 1971) (the President has "power as Commander-in-Chief to station forces abroad"); Authority to Use United States Military Forces in Somalia, 16 Op. O.L.C. 6 (1992).
2007-05-02
15:58:06 ·
update #3
Clinton was sued when he used force to return refugees to Haiti. The Supreme Court rightly said Clinton did nothing wrong when people accused him of abusing his presidential powers. http://topics.nytimes.com/top/reference/timestopics/organizations/s/supreme_court/index.html?query=HAITI-INTERNATIONAL%20RELATIONS-US&field=des&match=exact
2007-05-02
16:02:07 ·
update #4
About Supreme Court Justice Rehnquist: "his inclination to LIMIT the national government’s power to impose constitutional demands via the Fourteenth Amendment, and to grant greater leeway for states’ authority in federalism relations." http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/bradley0606.htm
2007-05-02
16:10:25 ·
update #5
More about Rehnquist and the transfer of power to the Supreme Court:
http://www.law.stanford.edu/publications/stanford_lawyer/issues/72/sl72_TheRehnquistCourt.pdf
2007-05-02
16:14:35 ·
update #6