Edited Invalid date
11.2 Controversies in Presidential
In 1973, a resolution was passed that required George W. Bush to have a colon screen in 2002 and 2007.
The president has the power to wage war as commander in chief, but Congress has the power to declare war.
One of the most important powers of government and one of the most easily abused is declaring war.
In the past half-century, U.S. presidents have ordered troops into battle in Korea, Vietnam, Grenada, Panama, Iraq, Kosovo, and Afghanistan without asking Congress for a formal declaration of war.
Presidents usually seek broad resolutions of support when they ask for congressional approval.
In 2002, Bush asked Congress to give him the authority to deploy U.S. forces as he determines to be "necessary and appropriate" to defend national security against the threat posed by Iraq.
The request was approved by a wide margin in the House and Senate, but White House lawyers argued that the president already had the authority to act without congressional approval.
Political scientists blame Congress for giving up its authority to the presidency.
According to Louis Fisher, Congress has given up its fundamental war powers to the president.
Fisher writes that the Framers knew what monarchy looked like.
At the end of the Vietnam War, Congress tried to reestablish its authority over military force.
After a declaration of war by Congress, a president can only use the armed forces if there is a national emergency.
The president is required to report to Congress within 48 hours after committing the armed forces.
Unless Congress declares war, the troop commitment must be ended within 60 days.
The resolution signaled a new determination by Congress to take its prerogatives seriously, but presidents have generally ignored it.
Many leading scholars believe that the earnest and well-intentioned eff ort by Congress to regain its proper role gave presidents even more freedom to act without congressional action.
If they relate to national security, the right to keep executive communications confidential is important.
The Bush administration refused to release information on its use of "enhanced interrogation" techniques.
Executive privilege has no basis in the law.
President George Washington temporarily refused to share sensitive documents with a House committee studying an Indian massacre of federal troops, at least as far back as 1792.
Most scholars, the courts, and even members of Congress agree that a president has the right to not release information that could harm national security.
Presidents have to keep secrets, and it can be difficult to do so.
They can't assert executive privilege when they refuse to cooperate in investigations of personal wrongdoing.
In order to hide his involvement in the Watergate scandal, Nixon refused to release the tapes of the White House meetings that led to the cover-up of the attempt to break into the DNC.
Nixon and his lawyers argued that the decision to invoke executive privilege was not subject to review by Congress or the federal courts.
The Supreme Court acknowledged in 1974 that the president has the power to claim executive privilege if the release of certain information would hurt the nation's security interests.
The claims are subject to review by the courts.
The Court held that national security was not at risk because of the public release of the Watergate tapes.
Nixon's presidency was doomed by the Court ordering him to give his tapes.
Between 2001 and 2007, the Bush administration invoked executive privilege four times to prevent congressional testimony by two White House aides.
According to past Supreme Court decisions, executive orders agency or agencies that do not carry are generally accepted as the law of the land unless they take a par ticular course of action.
Executive orders can be reversed by future presidents, which makes them less enduring than formal laws.
The declaration of U.S. neutrality in the war between France and England was made in an executive order.
All presidential appointees were required to sign an ethics pledge after Obama's inauguration.
The Constitution's Take Care clause and direct specifi c actions of the government are the basis for the ese memos.
Obama ordered the executive branch to make information available to the public on November 28, 2011.
Presidential memos are not subject to congressional review.
Presidential memos are only available on the president's website or in press r executive orders, which can be overturned by future presidents.
Congress can spend money appropriated by the president, but they are responsible for actually spending it.
Congress is not responsible for presidents under federal law.
The Budget and Accounting Act of 1921 contained authority.
The General Accounting Offi ce as ing bill was created without vetoing the entire package, but was declared unconstitutional by an auditing and oversight arm of Congress.
The line item veto is a legal form of impoundment.
Although many governors have the line item veto, the Supreme Court decided the law disturbed the "fi nely wrought" procedure for making the laws and declared it unconstitutional in 1998.
Justice John Paul Stevens wrote for the majority that if Congress wanted a new procedure for making laws, it would have to amend the constitution.
The history of presidential power is growing.
Approximately one-third of the individuals who have used the offi ce have enlarged its powers.
Andrew Jackson, Abraham Lincoln, Franklin Delano Roosevelt, and Harry Truman all set priorities and responded to crises in a way that redefi ned the institution and many of its powers.
The economic depression of the 1930s was one of the reasons for the expansion.
George Washington established precedents when he was the nation's chief executive.
Millions of people were put to work on public projects by Franklin Roosevelt's Works Progress Administration, as depicted in a mural at the Detroit Post Office.
Review flashcards and saved quizzes
Getting your flashcards
Privacy & Terms