ACL Chapter 4 pt 4

Chapter 4: Constitutional Underpinnings of the Presidency

Suspension of Habeas Corpus

• Background: During the Civil War, President Lincoln authorized military commanders to suspend habeas corpus, facilitating unlawful military arrests of civilians.

• Merryman Case: John Merryman sought a writ of habeas corpus from Chief Justice Taney after his detention. Taney asserted only Congress could suspend this privilege, a view that Lincoln ignored. After some time, Congress passed legislation to formally suspend habeas corpus at Lincoln's request.

• Ex parte Milligan: This significant Supreme Court case involved Lambdin P. Milligan, a civilian tried by a military commission during peacetime. The Court ruled against the military's jurisdiction over civilians, reinforcing civil liberties and asserting that Milligan should be tried in regular court.

Japanese-American Internment During WWII

• Executive Orders: President Roosevelt issued orders to create military areas excluding certain individuals, resulting in the internment of about 120,000 Japanese-Americans based on suspicions of 'subversivenes.’

• Supreme Court Rulings: The rulings in Hirabayashi v. United States and Korematsu v. United States upheld these actions, reinforcing the government's authority under wartime but recognizing the suspicion in racial classifications.

• Historical Repercussions: The internment was ultimately condemned as racially motivated rather than based on military necessity. Congress later acknowledged this injustice in 1988 with reparations.

Post-9/11 Context

• Terrorism Threat: Following the September 2001 attacks, concern arose over potential overreach in the name of national security by President Bush and military authorities.

Foreign Intelligence Surveillance

• Need for Intelligence: The President requires reliable foreign intelligence to make informed policy and military decisions—mainly gathered by the CIA and NSA, with legal restrictions in place against domestic spying.

• Nixon Administration Issues: The Supreme Court case United States v. U.S. District Court (1972) emphasized that warrantless surveillance without probable cause violated the Fourth Amendment.

• FISA Establishment: The Foreign Intelligence Surveillance Act (1978) established a legal framework requiring warrants for surveillance of U.S. citizens under suspicion of foreign affiliations.

NSA Surveillance Program

• Post-9/11 Authorization: President Bush authorized the NSA to bypass FISA requirements in the wake of 9/11, initiating a controversial data collection program that drew public ire over privacy violations.

• Legal Challenges: Lawsuits from entities like the ACLU and EFF faced dismissal under the FISA Amendments Act of 2008, which shielded telecom companies' cooperation with the NSA.

• Supreme Court Ruling: In Clapper v. Amnesty International (2013), the Supreme Court ruled that plaintiffs lacked standing to challenge NSA practices based on speculative harm.

Public Response and Legislative Action

• Reactions to Snowden's Revelations: Edward Snowden's leaks in 2013 revealed NSA's broad surveillance programs, sparking national debate on privacy and security.

• Legal and Legislative Pushback: Organizations like the ACLU contested NSA practices in court, arguing that they represented significant civil liberties violations. Calls for legislative reform increased as a response to glaring overreach.

• Presidential Stance: President Obama defended the surveillance programs amidst criticism, arguing for a balance between privacy and national security.

Conclusion

• Presidential Power: The American presidency has evolved into a powerful executive role with significant military and policy-making authority.

• Checks and Balances: Despite power, the presidency operates within constitutional constraints shaped by public perception and contemporary events.

• Historical Context: Past failures of the presidency illustrate a persistent demand from the public for strong leadership, especially in crises.

Key Terms

• Twenty-second Amendment: Limits presidential terms.

• Electoral College: Process of electing the president.

• Impeachment: Mechanism for removing a president from office.

• Executive Privilege: The right of presidents to withhold information.

• Presidential War Powers: Authority granted to the president to engage in military action without Congress.