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Constitutional Principle 10: The Separation Of Powers And The Effectiveness Of Government,[object Object],By: Isaac Collins,[object Object],Kevin Yu,[object Object],Ashraful Islam,[object Object]
Background,[object Object],Like Montesquieu, the framers of the constitution believed the only way to be certain of no future tyrannies was to establish a system of government which was separated into three branches: the executive, the legislative, and the judicial. ,[object Object]
Checksand Balances: Presidential Veto,[object Object],Whenever a bill is being reviewed, Congress and the president dispute over its approval. ,[object Object],If a law is proposed, the president is able to whip out his pen and reject it. However, after the president rejects the bill, Congress, with a two-thirds vote, is able to override the president’s veto, allowing the bill to become a law. ,[object Object]
Judicial Review: Marbury vs. Madison,[object Object],The case involved a last minute appointment of PL Marbury as a justice of the peace, by the leaving John Adams. The new administration with Secretary of State James Madison obtained a repeal of the statute creating the courts and refused to grant Marbury’s commission. Marbury ended up suing James Madison for a write of Mandamus. The Supreme Court found that to forcibly appoint Marbury to the position goes against Article three of the Constitution. ,[object Object]
Checks and Balances: The Treaty of Versailles,[object Object],The  Treaty of Versailles marked the end of World War I.,[object Object],The final conclusions of the treaty was decided byDavid Lloyd George of Britain, Clemenceau of France, and Woodrow Wilson of America.,[object Object],France was harsh and unsympathetic towards Germany, who was blamed entirely for the war.,[object Object],Britain supported reparations but to a lesser extent than the French.  ,[object Object],Woodrow Wilson of America sought to isolate America from the issues in Europe.,[object Object],When Wilson returned to America, he submitted the treaty to the Senate for ratification.,[object Object],The Senate was skeptical towards the League of Nations Covenant. But Wilson still fought for it’s ratification.,[object Object],Despite Wilson’s effort, the Senate rejected the treaty by votes 38 to 53.,[object Object]
Checks and Balances: FDR and the Supreme Court reorganization	,[object Object],In 1937, President Franklin Roosevelt proposed to reorganize the Supreme Court by increasing the number of justices, also known as the “court packing scheme”.  Although Roosevelt lost in this particular case, this event assured the safety of New Deal programs such as the Social Security and National Labor Relation Acts.  Later, Roosevelt was accused of trying to undue the legacy of checks and balances.  He was denounced as a dictator that tried to enhance the presidential seat.  This case was eventually dismissed and the Court took up the New Deal programs and implemented them.,[object Object]
The Vietnam War took place from 1945 to 1954.  The Vietnamese waged anti-colonial war against the French and won.,[object Object],The United States backed Vietnam during this time.,[object Object],After the war, Vietnam separated into a communist north and an anti-communist south.,[object Object],The US sent in 2,000 military advisers which grew to 16,300 by 1963.,[object Object],Johnson escalated the war with air strikes and ground forces.  With a total of 563,000 by 1968.,[object Object],At 1968 to 1973, efforts were made to end the conflict and the US forces were withdrawn.,[object Object],In 1973, Congress enacted the War Powers Act, which required that the president must receive Congressional approval before committing American  forces overseas.,[object Object],Checks and Balances: Vietnam War,[object Object]
Watkins v. United States,[object Object], 	Watkins was convicted for failing to answer questions while posed as a witness relating to people he may have known to be communist.  Watkins stated that he did not wish to answer these questions, because they were not related to the case he was called upon.  A panel of judges decided 6 to 1 to overturn Watkins’ conviction.  Earl Warren supported Watkins, saying that the congress had no authority to expose individuals’ private affairs.,[object Object],United States v. Nixon,[object Object],	In 1972, Archibald Cox received a subpoena to obtain documentation of meetings held in Nixon’s office related to the Watergate break-ins.  Nixon refused stating that they are confidential due to executive privilege. The Supreme Court accepted the case and Nixon had to abide by the definitive order by court,[object Object]
War Powers ActWar Powers Resolution of 1973Check on Presidential Power,[object Object],Congress passed the War Powers Resolution of 1973 overriding President Nixon’s veto by a 2/3 majority vote,[object Object],Legislators in Congress believed Presidents Lyndon Johnson and later on President Nixon violated the Constitution’s war making powers. According to Article I, Section 8, Congress has the power to declare war, raise and support the armed forces, and control the war funding. The President as the Commander-In-Chief has the power to lead the armed forces. However, this was being violated too many times (ex. Vietnam War, Korean War) so the Congress wanted to keep the Executive Branch in check.,[object Object],[object Object]
The President must notify the Congress 48 hours before deployment
If the President is not authorized or if he does not have a declaration of war he has to withdraw troops within 60 days

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  • 10. The President must notify the Congress 48 hours before deployment
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