Presidential Use Of Force Essay Example For Students

Presidential Use Of Force Essay Brooks RockwellPOSC 423Asignment #1Presidential Use of ForceWhen the framers of the Constitution constructed the executive branch of government, they envisioned a president with certain limited powers. Having delegated to the president a specific type of authority, the framers would probably be surprised to see that they had actually created a rather dynamic officer. The presidency is continually changing over time. That is, the power of the president has been both increased and decreased a various stages in history. Opportunites for change did not generally result from the characteristics of individual presidents, but rather came as a result of specific historic occurrences that impacted the nation as a whole. For example, the Civil War created a forum that expanded presidential power, whereas certain acts of Congress have contracted the presidents power. Although the framers of the Constitution may not have intended to create such an executive, the presidency of today has more powe r, greater responsibility, higher demands and expectations; and the US toady is the worlds military and economic superpower. Presidential power when viewed from a constitutional perspective, is both specific and obscure; specific in that some elements of presidential power are clearly spelled out; obscure in that the limits and boundries of presidential power are either ill-defined or open to vast differences in interpretation. In an effort to understand presidential power, the Constitution is a starting point, but it provides few definitive answers. The Constitution, as it relates to the powers of the presiden, raises more questions than it answers. As historical circumstances have changed, so too has the meaning or interpretation of the Constitution. The scope and meaning of the executive clause in Article II of the Constitution has changed to meet the needs of the times and wishes of strong presidents. The skeleton-like provisions of Article II have left the words open to definition and redefinition by courts and presidents. This skeleton-like wording leaves it up to an aggressive chief executive and a willing Supreme Court to shape the actual parameters of such powers. In effect, history has rewritten the Constitution. The words are flexible enough to mean different things in different situation. On the whole though, a more expansive view of presidential power has taken precedence over a more restrictive view. The history of the meaning of presidential power through the Constitution has been one of the expansion of power and the enlargement of the meaning of the words of the Constitution. The numerous undeclared wars of the twentieth century also presented an avenue for Congress to supress the executive. The widespread disapproval of the Vietnam War was the last straw for American legislators. Congress felt the need to limit the presidents ability to engage in military conflicts with forgein lands without their consent. The War Powers Resolution, passed in 1973, created their desired limitations. This act required that any use of American troops in potentially hostile situations must be reported to Congress. In addition, the military action must stop within sixty days of the submission of the report, and that Congress can end the use of the military at any time by passing a concurrent resolution, which is not subject to a presidential veto (Edwards 480). Since its passage, this Act has been overlooked on numerous occassions. Many military actions have occurred: the evacuations from Southeast Asia (1975), the rescue of the Mayaquez from Cambodia (1975), the Iran hostage rescue (1980), the invasion of Grenada (1983), and the Persian Gulf conflicts (1991 and 1998) (Edwards 480). Each of these instances went unreported to Congress, except for the Persian Gulf. Yet, Bush was criticized for waiting until the last minute to appear before Congress. In Cold Blood: The Death Penalty EssayStill, throughout the crisis, Bush involved Congress about as fully as could be expected and certainly as much as other presidents had in comparable circumstances. However frequent and open, presidential consultation with conionalThe presidency is a complex , multidimensional, contradictory , paradoxical office. It is embedded in a system-the seperation of powers-that limits and frustrates the use of power. The office has been occupied by individuals from a wide range of backgrounds, possesing varied skills, motives, and ambitions. They served under drastically different conditions and circumstances. It should not then surprise us that the history of the presidency reflects the rise and fall of power. The presidency has been shaped by varied individuals, operating within a dynamic system under changing cicumstances. Some presidents have been strong, others weak. Some eras demand change, others defy it. The presidency has been shaped by industrialization, by the Cold War, by American superpower status, by economic booms and busts, by increasing democratization, by the demands for capitalism, and by wars. Just as the Constitution was designed with change in mind, the inherent flexibility of the presidency can be seen as a very important trait as it allows the office to change with the times. We have seen that desperate times have called for desperate measures when it comes to the powers of the executive. When the country has been in a crisis situation and drastic measures have been needed, it has been the executive who has responded. On the other hand, when the presidents have engaged in unpopular activities, the insitution of checks and balances has responded to reduce potentially harmful powers. It allowed for a dynamoc executive officer that had the power to accomoddate for the everchanging peaks and valleys of American history. Government Essays