Argue for against increasing presidential power
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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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For 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)

  • Lincoln suspended Habeas Corpus


For…

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


For…

  • FDR, WWII used military commissions in Ex Parte Quirin (Nazi terrorists)

  • FDR imprisoned people he suspected without trial (Korematsu v. US)


For…

  • Need quick action during wars; Congress too slow

  • Gulf of Tonkin Resolution, AUMF allowed for quick action


For…

  • Patriot Act, Military Commissions Act are necessary to find/prosecute new terrorists

  • Metadata collection does not violate one’s privacy


Argue against increasing presidential power
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


Against
Against…

  • Article I gives Congress power to declare war

  • Founders intended Congress to control wars

  • Congress power of the purse


Against1
Against…

  • Wartime should not disturb separation of powers

  • “Absolute power corrupts absolutely”


Against2
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


Against3
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


Against4
Against…

  • New technology makes war too easy

  • Makes spying too easy

  • Violate Fourth Amendment


Against5
Against…

  • Ignore Constitution at our peril…

  • Lessons from history…


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