Although the powers of the President of
the United States, the congress, and the judiciary are outlined in the
constitution, in times of crisis presidents have consistently expanded the
power of the executive, and even pushed the boundaries of what are considered
acceptable actions in a democracy. President Lincoln suspended habeas corpus during the Civil War, but
still held elections in the midst of the conflict. President Andrew Jackson,
when informed that the Supreme Court had ruled against his actions concerning
the seizure of Native lands, famously said that Supreme Court Justice “John
Marshall has made his decision, now let him enforce it." (Rosen, 2006). More
recently, President George W. Bush instituted a program of “extraordinary
rendition” (kidnapping), and “enhanced interrogation” (torture). All of these
actions have two things in common: they tested the boundaries of executive
power, and were considered to be quite controversial at the time they were
imposed.
Probably the most controversial executive
action undertaken by an American president in modern times is Executive Order
9066. This executive order, issued by president Franklin Delano Roosevelt, established
a military district that encompassed the whole of the Western United States,
and led to the mass internment of Japanese-American citizens in concentration
camps. Not to be confused with the Nazi “death camps”, these camps were
literally concentration camps, in that they concentrated a population of people
in a certain place. The hysteria surrounding Japanese-Americans at the time is
what led to the imposition of this executive order. Propaganda produced for the
government by Disney and Dr. Seuss portrayed Japanese-Americans as
“fifth-columnists”, essentially internal saboteurs whose loyalties toward the
United States were considered to be questionable. The racism that permeated the
government at the time meant that there was little, if any resistance to the
move by F.D.R. to intern Japanese-American citizens. Even among the Japanese-Americans
themselves, there was little resistance to the massive internment program.
Indeed, many Japanese-Americans fought against their ethnic homeland on behalf
of the United States.
Although E.O. 9066 was among the most
egregious actions undertaken by F.D.R. during the war, it was far from the only
execution of executive authority in a wartime environment. The massive
expansion of executive authority during World War Two has continued to have
far-reaching consequences to this day. Since WW2, the power of the executive
has been seemingly ever-increasing. The current president, Barack Obama, has
issued some sweeping executive orders that have caused much controversy in the
nation, thereby continuing the tradition of expanding the power of the
executive.
With the swipe of a pen, the President of
the United States has tremendous power and influence over the lives of
millions. Such power in the hands of a single individual is disconcerting, and
something that the founders of the nation were extremely concerned about when
devising our system of government. The President of the United States now has
the power to kidnap, torture, and unilaterally launch a war. These powers far
exceed those originally outlined in the constitution. Many of these actions
have been dictatorial in nature, rather than democratic actions that have been
created by the people’s representatives and undertaken in concert with the
president. One is left to wonder just what may the next crisis prompt a
president to do?
Works
Cited:
Rosen,
Jeffrey. Supreme Court History: the first
Hundred Years. PBS. 2006. http://www.pbs.org/wnet/supremecourt/antebellum/history2.html
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