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Response one pol-01 Tulis’ thesis is one that could not be more pertinent and on point with what is happening currently in the White House. A President is testing the boundaries of where his power begins and ends; will the remaining three years be dominated by the Large “C” or the little “c”?2 I would argue that President Trump assumed or went into office believing he had “huge” public support and could stretch the boundaries much farther than his predecessor, able to ignore many rules and boundaries laid throughout the Constitution. But using President Trump as an example is still a bit premature since only one year has gone by and three more remain to define his presidency. President Lincoln is by far my favorite president to read about and happens to be a great example of utilizing presidential power bestowed by the people, or the little “c”. As our weekly lesson provided, President Lincoln presided over the Country during an extraordinary time and as such, required extraordinary measures to ensure the continuation of our great Union. There are many examples of President Lincoln stretching the boundary, and in some cases completely dismissing the Bill of Rights in the Constitution. But his act of suspending Habeas Corpus is one of great interest and still has unanswered questions. The “Great Writ” is one of the first liberties the Founders established and it protects people from capricious arrests demanding that cause be proven before a judge as to why you are being detained. Although the Article I does state that the Writ of Habeas Corpus can be suspended during times of unrest and when public safety is required, it did not define who has the authority to suspend it (Congress or President); or how long it can be suspended.1 The only ruling that came out of President Lincoln’s action to suspend Habeas Corpus was a Supreme Court ruling in 1866, Ex Parte Milligan, which stated that the power to suspend Habeas Corpus was not inclusive of Military Courts if civilian courts were open.1 So my question is, although President Lincoln had a great public support from the Northern States and no one really questioned his action, how long would that last? President Lincoln was a wise man and did not abuse that power by suspending Habeas Corpus or other civil liberties longer than what was necessary, but what if it was not Lincoln? What if a president obtained so much public support that the checks and balances became futile? Most scholars maintain that the Judiciary and Congress place constraints on unilateral decisions made by the President, yet this is situational given political agendas and loyalties.3 Add in party politics to the mix; a party has a majority in Congress, a majority in the Supreme Court and sits in the White House, who dares to cross party lines and stand up? These are all things to consider when discussing the breadth of Presidential Powers being derived from the little “c”. I am hopeful and optimistic that the people and our instit ...
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Section 7:
Just how powerful is the president of the united states?
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