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Argue for/against increasing Presidential power

Argue for/against increasing Presidential power. For increasing Presidential power. Article II Commander in chief Federal law enforcer. For…. Wartime increases Presidential power Argue we are at war “War on terror”. For…. Lincoln used military commissions (ignored courts)

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Argue for/against increasing Presidential power

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  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…

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