Presidential Powers in Wartime- Activity 2 (AP level)
Scored Discussion
Introduction
The delegates to the 1787 Constitutional Convention where very concerned about the balance of power in the government they sought to create. In the office of presidency, they were worried from past experience with England’s king that a single person at the head of government may take too much power and become a tyrant. However, they were also aware that legislatures with too much power could also be oppressive. Thus they sought to divide power between the branches, so that none had too much, and they incorporated a system of limits on each branch of government by the others. Thus, explained James Madison in Federalist 51, "Ambition must be made to counteract ambition."
Since the ratification of the U.S. Constitution, there have been many battles between the branches of government over the scope of their respective powers. One such battle concerns the power to conduct war.
This activity has you participating in a scored discussion of the controversial question:
“How much power should a president have in order to protect the nation in wartime?”
Procedure:
- As an introduction to the scored discussion, students brainstorm the advantages and disadvantages of having either the executive or legislative branch of government control war powers exclusively, as well as the advantages and disadvantages of shared control over war powers. Students can use this chart to organize their initial thoughts on the issue.
- Before tackling the reading material, students may want to lay out an initial position with regard to the amount of power a president should have in wartime. Such a position could be written on a continuum in the students’ notebooks and changed as the student gains more information.
- Students should read and take notes on all material listed below to prepare for the scored discussion:
Excerpts from the U.S. Constitution with regard to the executive and legislative war powers
Summary of from Ex Parte Milligan (1866) from Wikipedia
Excerpt from Korematsu v. United States (1944)
Summary of Youngstown Sheet and Tube Co. vs. Sawyer (1952)
Summary of Hamdi v. Rumsfeld (2004)
“The President’s Constitutional Authority to Conduct Military Operations Against Terrorist Organizations and the Nations That Support Them” by Robert J. Delahunty and John Yoo – This paper was written for the Bush Administration to support enlarged presidential powers in the war on terror and caused a great deal of controversy. It is long, so perhaps students should only read through page 11, which outlines a particular interpretation of the U.S. Constitution favoring significant war powers for the president.
“Declare war before going to war,” by Doug Bandow, Cato Institute.
War Powers Resolution, 1973
- Once students have completed the readings, the scored discussion can take place.
- After the scored discussion is finished, students should again note their position on the continuum on how much power a president should have in times of war, in particular explaining any differences in their opinion from before the scored discussion.
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