Argue for/against increasing Presidential power

1. Argue for/against increasing Presidential power

2. For increasing Presidential power • Article II • Commander in chief • Federal law enforcer

3. For… • Wartime increases Presidential power • Argue we are at war • “War on terror”

4. For… • Lincoln used military commissions (ignored courts) • Lincoln suspended Habeas Corpus

5. For… • WWI, Schenck v. U.S. – free speech does not protect urging others against the draft

6. For… • FDR, WWII used military commissions in Ex Parte Quirin (Nazi terrorists) • FDR imprisoned people he suspected without trial (Korematsu v. US)

7. For… • Need quick action during wars; Congress too slow • Gulf of Tonkin Resolution, AUMF allowed for quick action

8. For… • Patriot Act, Military Commissions Act are necessary to find/prosecute new terrorists • Metadata collection does not violate one’s privacy

9. Argue Against Increasing Presidential Power • Civil War, WWI, and WWII are not similar to present situation • WWI, WWII – declared wars • Civil War – nation’s survival

10. Against… • Article I gives Congress power to declare war • Founders intended Congress to control wars • Congress power of the purse

11. Against… • Wartime should not disturb separation of powers • “Absolute power corrupts absolutely”

12. Against… • Supreme Court held Lincoln’s military trials were unconstitutional • Supreme Court during WWII was impotent/weak (rubber stamp) • Violate 5th, 6th and 8th Amendments

13. Against… • Quick action during war can be dangerous • Emotional decisions lead to problems • Gulf of Tonkin and AUMF are too broad and can be abused

14. Against… • New technology makes war too easy • Makes spying too easy • Violate Fourth Amendment

15. Against… • Ignore Constitution at our peril… • Lessons from history…