The American Presidency: The Imperial President

1. The American Presidency: The Imperial President US Government & Politics Mrs. Lacks

2. 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

3. Emergency Powers of the President • confiscate property – horses, metal, firearms, etc • set wages and prices—control inflation in war time conditions • declare martial law—Congress must give consent to suspend to writ of Habeas Corpus—the right to “due process of law” –not being held without a hearing… • control transportation and communication—security reasons • rationing strategic materials—metal, grease, milk, cotton

4. Examples of Abuse of Emergency Power • Japanese detention camps (FDR) • Illegal FBI bugging and opening mail without a Court ordered warrant—violates the 4th amendment (Hoover) • Secret wars in Loas and Cambodia (Nixon)

5. 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 like…wire taps without warrants; Nixon) • Increased powers as a result of Congressional and Supreme Court actions • Gulf of Tonkin Resolution • Executive Agreements

7. 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)

8. 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).

9. Limiting the Imperial President • Concurrent resolutions—both Houses agree by majority vote to withdraw troops—not 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 30’s) • Joint Congressional Intelligence Oversight Committee • CIA notification of covert actions • No assassinations of foreign leaders • War Powers Act (1973)

10. War Powers Act (1973) • Passed by Congress—over 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.

11. 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.

12. War Powers Act - Activity