Presidential Power : Documents Decoded

This volume uses essential and illuminating primary documents as a portal for understanding the evolution and present parameters of presidential power, the relationship between America's three branches of government, and why wartime often leads presidents to claim expansive powers and authority. Presidential Power: Documents Decoded provides a thorough examination of the historical and political context of key, critical moments in constitutional history and presidential power that makes possible opportunities for students to explore American politics in an interesting, memorable, and dynamic way. Each of the case studies reveals important dimensions of the constitutional order in the United States―and enables readers to better grasp how executive power has shifted and expanded. The book takes specific events, people, institutions, or ideas and places them in a broader context so that readers can observe patterns and make connections among seemingly disparate happenings and concepts relating to executive power. Accompanied by explanatory sidebars, the included primary sources let students examine actual documentary evidence of key elements of executive power―for example, the presidential memorandum, the National Security cable, and the prisoner's petition―and reach their own judgment of the implications of that document for the American political system. Covers topics such as Operation Pastorius, the Watergate scandal, the Iran-Contra affair, and drone strikes to show how each presented tests of presidential power Utilizes events and developments throughout U.S. history―from the nation's founding to the contemporary era―to demonstrate how these singular, focusing events are often reflections of broader political, economic, and social forces Cover Half Title Dedication Title Page Copyright Contents Introduction Declaration of Neutrality, George Washington’s Proclamation April 22, 1793 The Alien and Sedition Acts, An Act Respecting Alien Enemies July 6, 1798 The Louisiana Purchase, Thomas Jefferson’s Letter to John C. Breckinridge August 12, 1803 Andrew Jackson and the Cherokee Indian Cases, Worcester v. Georgia March 3, 1832 Polk Sends Troops to the U.S.-Mexico Border, James Polk’s Request for a Declaration of War May 11, 1846 The Blockade of Southern Ports, Abraham Lincoln’s Proclamation April 19, 1861 The Arrest of John Merryman, Ex Parte Merryman May 25, 1861 Lincoln Uses War Powers to Free the Slaves, Abraham Lincoln’s Emancipation Proclamation January 1, 1863 Lincoln’s Defense of the Suspension of Habeas Corpus, Abraham Lincoln’s Letter to Erastus Corning June 12, 1863 Limits on Trials by Military Commissions, Ex Parte Milligan April 3, 1866 The Impeachment of Andrew Johnson, Benjamin Butler’s Opening Argument February 24, 1868 The Spanish-American War, William McKinley’s Address to Congress April 11, 1898 The Square Deal, Teddy Roosevelt’s Address in New York September 7, 1903 Teddy Roosevelt’s Views Coalesce, The “New Nationalism” Speech August 31, 1910 The “New Freedom” Approach, Woodrow Wilson’s First Inaugural Address March 4, 1913 The Espionage Act of 1917, Woodrow Wilson’s State of the Union Address December 7, 1915 The Delegation of Congressional Power, J. W. Hampton & Co. v. United States April 9, 1928 FDR’s First 100 Days, Franklin D. Roosevelt’s First Inaugural Address March 4, 1933 The Four Horsemen, Carter v. Carter Coal Co. May 18, 1936 Presidents and Foreign Affairs, U.S. v. Curtiss-Wright Export Co. December 21, 1936 The Court Packing Plan, Franklin D. Roosevelt’s Fireside Chat March 9, 1937 The Four Freedoms, Franklin D. Roosevelt’s Eighth State of the Union Address January 6, 1941 Pearl Harbor, Franklin D. Roosevelt’s Request for a Declaration of War December 7, 1941 Operation Pastorius: The Nazi Saboteurs, Report of Operation June 12, 1942 Ex Parte Quirin, Franklin D. Roosevelt’s Proclamation 2561 July 2, 1942 Japanese Internment, Korematsu v. United States December 18, 1944 The Steel Seizure Case, Youngstown Sheet and Tube Co. v. Sawyer June 2, 1952 Bay of Pigs Invasion, John F. Kennedy’s Address April 20, 1961 Watergate, Final Senate Report February 7, 1973 Presidential Impoundment of Funds, Richard Nixon’s Veto of H.R. 3298 April 5, 1973 The Pentagon Papers, Richard Nixon’s Statement May 22, 1973 War Powers Resolution, Richard Nixon’s Veto October 24, 1973 Executive Privilege, United States v. Nixon July 24, 1974 The Church Committee Hearings and FISA, Final Report April 26, 1976 The Legislative Veto, INS v. Chadha June 23, 1983 The Chevron Two-Step, Chevron v. NRDC June 25, 1984 Signing Statements as Policy Devices, Samuel Alito’s Memo February 5, 1986 The Iran/Contra Affair, Ronald Reagan’s Address to the Nation March 4, 1987 Appointment and Removal Power, Morrison v. Olson June 29, 1988 The Iran/Contra Affair, Final Report of the Independent Counsel Investigation August 4, 1993 The Paula Jones Case, Clinton v. Jones May 27, 1997 The Line Item Veto, Clinton v. City of New York June 25, 1998 Impeachment of President Clinton, House of Representatives Trial Memorandum January 11, 1999 Responding to 9/11, Authorization for Use of Military Force September 18, 2001 War in Afghanistan: Operation Enduring Freedom, George W. Bush’s Speech Announcing Air Strikes in Afghanistan October 7, 2001 USA PATRIOT Act, George W. Bush’s Signing Statement October 26, 2001 Habeas Corpus and Guantanamo Bay, George W. Bush’s Military Order November 13, 2001 The Axis of Evil, George W. Bush’s State of the Union Address January 29, 2002 Enemy Combatants, George W. Bush’s Memorandum on Detainees February 7, 2002 The Torture Memos, The Office of Legal Counsel’s Memo on Interrogation Standards August 1, 2002 Cheney and the Energy Task Force, Cheney v. United States District Court June 24, 2004 U.S. Citizens as Enemy Combatants, Hamdi v. Rumsfeld June 28, 2004 Combatant Status Review Tribunals (CSRTs), U.S. Department of Defense Factsheet July 7, 2004 Warrantless Wiretapping, George W. Bush’s Press Conference December 19, 2005 Suspension of Habeas Corpus, Boumediene v. Bush June 12, 2008 Limits on Signing Statements, Barack Obama’s Memorandum to Agency Heads March 9, 2009 Detainee Policy under Obama, Barack Obama’s Statement on Military Commissions May 15, 2009 The Continuation of the State Secrets Privilege, Department of Justice Press Release September 23, 2009 Drone Strikes and Targeted Killings of U.S. Citizens, Memorandum for the Attorney General July 16, 2010 Obama, Libya, and the War Powers Resolution, John Boehner’s Letter to the President June 14, 2011 Syria and an Expanding View of War Powers, Barack Obama’s Address to the Nation September 10, 2013 Obama’s Recess Appointments, NLRB v. Noel Canning June 26, 2014 A New AUMF to Confront ISIS, Barack Obama’s Request to Congress February 11, 2015 Snowden Leaks and a Revision of FISA, Barack Obama’s Statement of Administration Policy May 12, 2015 Timeline Further Readings Index About the Author This volume uses essential and illuminating primary documents as a portal for understanding the evolution and present parameters of presidential power, the relationship between America's three branches of government, and why wartime often leads presidents to claim expansive powers and authority. The book takes specific events, people, institutions, or ideas and places them in a broader context so that readers can observe patterns and make connections among seemingly disparate happenings and concepts relating to executive power. Accompanied by explanatory sidebars, the included primary sources let students examine actual documentary evidence of key elements of executive power―for example, the presidential memorandum, the National Security cable, and the prisoner's petition―and reach their own judgment of the implications of that document for the American political system. * * Covers topics such as Operation Pastorius, the Watergate scandal, the Iran-Contra affair, and drone strikes to show how each presented tests of presidential power * * Utilizes events and developments throughout U.S. history―from the nation's founding to the contemporary era―to demonstrate how these singular, focusing events are often reflections of broader political, economic, and social forces * "This volume uses essential and illuminating primary documents as a portal for understanding the evolution and present parameters of presidential power, the relationship between America's three branches of government, and why wartime often leads presidents to claim expansive powers and authority. Covers topics such as Operation Pastorius, the Watergate scandal, the Iran-Contra affair, and drone strikes to show how each presented tests of presidential power. Utilizes events and developments throughout U.S. history--from the nation's founding to the contemporary era--to demonstrate how these singular, focusing events are often reflections of broader political, economic, and social forces"-- Provided by publisher