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Throughout history, there have typically been shifts from harmony to conflict between the three branches of American government. The framers of the Constitution created the executive, legislative, and judicial branches of government in order to form a system of checks and balances to prevent a single area of the government from becoming too powerful. This system of checks and balances has been accompanied by vast amounts of discord throughout its existence. The shifts in interbranch relations can be seen through Congressional deference prior to and during the beginning of the Vietnam War, Congressional resurgence after the Vietnam War, and a shift back to Congressional deference following the attacks of 9/11. During the beginning of the Vietnam War, the President and Congress typically agreed upon foreign policies. Congress gave permission to President Lyndon B. Johnson to deploy additional troops to Vietnam with the Gulf of Tonkin …show more content…
The U.S. Supreme Court would frequently dismiss complaints from Congress related to foreign relations because they were considered to be “political questions” (Hook 115). Congress sometimes used the courts to attempt to punish or restrict the presidents. An example of a case was Goldwater et al. v. Carter. In this case, “…the Supreme Court supported President Jimmy Carter’s right to terminate the U.S. Mutual Defense Treaty with Taiwan. In the Court’s view, the case was ‘political’ because no clear violations of the Constitution had occurred” (Hook 116). Another example of the Supreme Court ruling in favor of the president came in a series of cases, Crockett v. Reagan and Lowry v. Reagan. In these cases, “…the Court again dismissed as ‘political’ congressional claims that the president had overstepped his constitutional bounds by deploying troops in conflict overseas” (Hook 116). The Supreme Court was consistently dismissing Congress’
There have been many, many court cases throughout the history of the United States. One important case that I believe to be important is the court case of Clinton v. New York. This case involves more than just President Bill Clinton, the City of New York; it involved Snake River Farmers’ as well. This case mostly resolves around the president’s power of the line item veto. In 1996 President Bill Clinton signed the Line Item Veto Act into law. This would allow the president to get rid of a part of a bill and not disapprove the entire bill. The first time that President Clinton used this power he used it to refine the Balanced Budget Act of 1997, he got rid of a part of the bill that waived the Federal Governments statutory right to get back or receive $2.6 billion in taxes that were levied by the City of New York. President Clinton also line item vetoed a section of the Taxpayer Relief Act of 1997 this wouldn’t allow certain food processors and refiners to sell their stock to farmers to defer the recognition of capital gains. This is when the Snake River Farmers’ and City of New York went after Clinton for doing so this is where the case of Clinton v. The City of New York originated from. In this case there were constitutional issues that were raised, major arguments presented, and the final ruling from the Supreme Court.
Howell defies unilateral powers as “…instruments by which the presidents set all sorts of consequential domestic and foreign policy (Paige 1977)” (Howell 242). To explain, Howell argues unilateral actions allow for presidents to bypass Congress in attempt to create domestic and foreign policy. Howell also brings to light “The U.S. Constitution does not explicitly recognize any of these policy vehicles (executive agreements, executive orders, executive memoranda, proclamations, etc.)”, but the president uses them as justifications for his actions. Howell provides his audience historical examples of such unilateral actions.
In both wars, “Presidents have often engaged in military operations without express Congressional consent. These operations include the Korean War, the Vietnam War,” (War Powers 2008). The result of the action to go to war in Vietnam led to the passing of the the War Powers Resolution in 1973. Since World War II, the presidency seemed to have control over Congress, which did change after the Vietnam War. The wars, though, were meant to protect the ideals of democracy in other parts of the world. However, to their claim, they say that, “since the Constitution was adopted there have been at least 125 instances in which the President has ordered the armed forces to take action or maintain positions abroad without obtaining prior congressional authorization, starting with the ‘undeclared war’ with France,” (Woods). However, they include several things that were very small, and not very large scale attacks, not even against other federal
JOHN F. KENNEDY IN VIETNAM There are many critical questions surrounding United States involvement in Vietnam. American entry to Vietnam was a series of many choices made by five successive presidents during these years of 1945-1975. The policies of John F. Kennedy during the years of 1961-1963 were ones of military action, diplomacy, and liberalism. Each of his decision was on its merits at the time the decision was made. The belief that Vietnam was a test of the Americas ability to defeat communists in Vietnam lay at the center of Kennedy¡¦s policy. Kennedy promised in his inaugural address, Let every nation know...that we shall pay any price, bear any burden, meet any hardship, support any friend, oppose any foe to assure the survival and success of liberty. From the 1880s until World War II, France governed Vietnam as part of French Indochina, which also included Cambodia and Laos. The country was under the formal control of an emperor, Bao Dai. From 1946 until 1954, the Vietnamese struggled for their independence from France during the first Indochina War. At the end of this war, the country was temporarily divided into North and South Vietnam. North Vietnam came under the control of the Vietnamese Communists who had opposed France and aimed for a unified Vietnam under Communist rule. Vietnamese who had collaborated with the French controlled the South. For this reason the United States became involved in Vietnam because it believed that if all of the country fell under a Communist government, Communism would spread throughout Southeast Asia and further. This belief was known as the domino theory. The decision to enter Vietnam reflected America¡¦s idea of its global role-U.S. could not recoil from world leadership. The U.S. government supported the South Vietnamese government. The U.S. government wanted to establish the Southeast Asia Treaty Organization (SEATO), which extended protection to South Vietnam, Cambodia, and Laos in case of Communist subversion. SEATO, which came into force in 1955, became the way which Washington justified its support for South Vietnam; this support eventually became direct involvement of U.S. troops. In 1955, the United States picked Ngo Dinh Diem to replace Bao Dai as head of the anti-Communist regime in South Vietnam. Eisenhower chose to support Ngo Dinh Diem. John Fitzgerald Kennedy was born in Brookline, Mass., on May 29, 1917. Kennedy graduated from Harvard University in 1940 and joined the Navy the next year.
The United States of America is one of the most powerful nation-states in the world today. The framers of the American Constitution spent a great deal of time and effort into making sure this power wasn’t too centralized in one aspect of the government. They created three branches of government to help maintain a checks and balance system. In this paper I will discuss these three branches, the legislative, the executive, and the judicial, for both the state and federal level.
The Vietnam War (1965-1975)was fought between the North and South Vietnam. The North was called Democratic Republic of Vietnam and the South was the Republic of Vietnam which was supported by the United States. On August 2nd, 1964 the USS Maddox was on a secret intelligent mission on the North Vietnamese coast where in the Gulf on Tonkin they were attacked by torpedo boats. The USS Turner Joy was attacked in the same area two days later. Due to the second attack Congress declared the Gulf of Tonkin resolution which led to air strikes.In 1959 there were 5,000 guerilla fighters and in 1964 the numbers jumped to 100,000. At Pleiku on March, 1965 U.S Marine barracks were attacked causing the three stage escalation bombing of North Vietnam to begin. The 3 year lasting bombing was used to force North Vietnam to stop supporting the "National Front for the Liberation of South Vietnam" by destroying their industrial infrastructure and Vietnam's air defenses. Unfortunately this did not stop the North's support for the NLF. The U.S. Air Force bases were constantly being attacked so the U.S. on March 8, 1965 the 3,500 U.S. Marines was deployed to South Vietnam. At this point in time, the U.S. public supported the dispatch because the Vietnam War had been portrayed to the American people as a war against the spread of Communism. Johnson was president at the time and he kept adding more and more troops as the war went on. As the draft quotas increased, the American public protests started. When Nixon came into presidency his policy towards the Vietnam War was "peace with honor" in other words he wanted to widen the war. After more bombing and fighting, on January 27, 1973 the Paris Peace Accords was signed, restoring peace in Vietnam and U.S. forces pulled out. Nixon stopped all American attacks on Vietnam. The condensed summary of the Vietnam War is to see what presidents were involved in this war (Johnson, and Nixon) and what foreign policies were taken towards Vietnam mostly before the protests began.
The War Powers Resolution took place in the context of the Cold War and the Vietnam War during the 1960s and 70s. The United States was supporting the South Vietnam troops in a battle against the Northern state of Hanoi. The controversy over the American involvement in Vietnam was heightened by the seeming lack of transparency in government. Two Presidents, Lyndon B. Johnson and Richard Nixon, used their Constitutional authority as Commander and Chief to bypa...
From the inception of the Constitution, there has always been a power struggle between the President and Congress. In the beginning, Madison and the Jeffersonians were placed in a gridlock with Hamilton and his school of political philosophy. Andrew Jackson fought to extend the powers of the President, then Congress spent 50 years fighting to repeal the powers of the Executive. Abraham Lincoln refined Jacksonian presidential politics, then Congress impeached his successor, Andrew Johnson, for fear of another quasi -- tyrannical President. Even today, a Congress, whose majority is of the same party as the President, fights 24 hours a day to check the power of President George W. Bush. But why, and how? Inherent Power Struggles Within the Constitution: Article I, Section I -- "All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives" VS. Article II, Section I -- "The executive power shall be vested in a President of the United States of America" Article II, Section II -- "The President shall be the Commander in Chief of the Army and Navy of the United States, and of the Militia of the several states, when called into the actual service of the United States" - The Founders' ambiguous and contradicting language sets the stage for a power struggle between the Executive and the Legislative branches - Being that the Founders were political masterminds, they realized that unique circumstances would demand some deviations from the restraints that the Constitution places on both the Executive and the Legislature - Founders anticipated that during times of crisis', the nation would need ...
The division of power is one of the most often cited principles of our constitutional system. For example, in terms of foreign policy, the Senate must provide advice and consent to the president when making treaties and appointments. Conversely, the constitution grants Congress the authority to declare war and provide the military funding while the President acts as the commander in chief of the armed forces. This sharing of power creates friction between the executive and legislative branches when they are in disagreement and “is an invitation to struggle for the privilege of directing American foreign policy”.
American politics is often defined by a continuing power conflict between the executive and the legislative branches of the government. This struggle for political power between the two stronger branches of the three is inherent in the Constitution, itself. The concepts of separation of powers and checks and balances ensure that the branches of government will remain in conflict and provide a balance that keeps the entire government under control. As it was first established, the executive branch was much smaller and weaker than as we know it today. Consequently, the legislative branch was unquestionably dominant. Over the course of history, the executive branch grew in both size and power to the point where it occasionally overtook the legislative and today rivals the legislative in a much closer political battle. Today both branches have major factors that contribute to their power, but on the whole the legislative remains the lastingly dominant branch.
In response to the Reconstruction Acts of 1867 the state of Mississippi brought suit against the President of the United States, Andrew Johnson, claiming that the laws were un-constitutional. The opinion of the court was given by the Chief Justice, and ruled that an injunction against the president could not be made for duties performed by the president within his duties delineated in Article II of the Constitution. In the ruling the court explained the president’s role in this specific case was not ministerial as the state of Mississippi had argued but was rather an act based on his executive and political duties. Quoting Chief Justice Marshall the court explained that an attempt by the judicial branch to oversee such duties would be “an absurd and excessive extravagance.” The opinion further explains that even though the court in this case is not being asked to tell the executive what it must do but rather telling it what it cannot do, the court must not stray from the underlying principle. Thus, the ruling in this case is that the President of the United States cannot be sued to prevent the carrying out of his/her executive responsibilities.
The House and Senate are somewhat different in terms of size, structure and procedure. However, despite their differences, collectively the Congress did make up the “dominant” class of the three branches of government for the 150 years of American government. ...
The legislative, executive, and judicial branches represent the constitutional infrastructure foreseen by the Founding Fathers for our nation 's governing body. Together, they work to maintain a system of lawmaking and administration based on checks and balances, and separation of powers intended to make certain that no individual or embodiment of government ever becomes too controlling. America is governed by a democratic government or a democracy which is a government by the people, in which the power is established in the people themselves. The people then elect representatives who carry out their power in a free electoral system. The United States government’s basic claim is to serve the people and only through a combined effort can we
The United States government braces its power among three powerful branches, legislative, executive and judicial. These branches interact with one another to establish authority that is strong, yet equal to have power over the country. Each branch pursues certain responsibilities and duties to operate in an efficient and effective manner in which society upholds. The executive, legislative and judicial branches all interact amid each other to validate accuracy of the nation’s most powerful law of the land, the Constitution. It is important to know how these branches interact with each other to learn how a bill becomes a law. Reflecting on how the three branches promote a balance of power that is constructive to include the agendas and electoral roles that also plays a vast part in the government’s operation.
The conflict in Vietnam for the United States started when President Dwight D. Eisenhower went along with the domino theory and sent in military advisors in South Vietnam to stop the communist movement from taking place in South Vietnam. The Vietnam conflict was between the communist’s and the United States. North Vietnam was led by Ho Chi Minh, and Ho Chi Minh led the Viet Cong, a guerilla group to help spread communism. The United States were supporters of the South Vietnam because they wanted them to maintain their government rather than falling to the domino theory of communism. After Eisenhower’s term ended John F. Kennedy became president and took control of the situation of Vietnam but on November 22, 1963, Kennedy was assassinated. Lyndon B. Johnson succeeded presidency and the problems of Vietnam were left to himself. In 1963, the Tonkin Gulf incident occurred where, the U.S.S Maddox was attacked by North Vietnamese naval ships on august 2 1964. Two days later an even more controversial attack happened where it was reported another ship was attacked again but has later been proven false. Johnson used these events to gain congressional approval to enter into Vietnam. However the Tonkin Gulf Incident was questioned to have even happened which makes the war undoubtedly questionable Immediately after the incident . Many troops were killed in Vietnam and the United States eventually lost the war and does not achieve their goal to stop communism. Despite the large amount of conflict in Vietnam that needed to be resolved, escalating the war was the wrong idea by Johnson, as the many consequences of the war for the United States outweighed the potential spread of communism.