Andrew Jackson Quotes
It was settled by the Constitution, the laws, and the whole practice of the government that the entire executive power is vested in the President of the United States.
Jackson, Andrew. "Protest to the Senate." 15 Apr. 1834. A Compilation of the Messages and Papers of the Presidents, edited by James D. Richardson, vol. 3, Bureau of National Literature, 1897, p. 81.
Alberto Gonzalez, White House Counsel and later Attorney General who was forced to resign and David S. Addington, Counsel to the Vice President, had come up with a novel view of the powers of the presidency. They argued that since the President is the Commander in Chief, in a war situation or intelligence gathering thereto, has the Constitutional responsibility for that function, he need not obey any laws of Congress as in the conduct of the war Congress would be impinging on the Constitutional separation of powers which itself was prohibited by the Constitution. The argument did not find any significant legal support but for a while the George W. Bush White House behaved as if this were the law, despite the fact that even in the American Revolution and the War of 1812 Congress passed laws regulating the conduct of the armed forces as is provided for in other parts of the Constitution. Yet even Goldsmith would allow the President some powers that many think are unconstitutional and/or belong to Congress. See {32436}.
When the Senate was debating the Gulf of Tonkin Resolution, which would empower the President to take "all necessary measures" to repel any armed attack on U. S. forces, Senator Morse was one of only two Senators opposing the resolution:
His role was the equivalent of the Mayor of Washington DC. Even though the Congress had generally been the most powerful branch of the government, public opinion on this was beginning to shift at the turn of the 20th century.
President George W. Bush had ignored a federal law and tapped the phones of Americans without probable cause and a warrant issued by a court. The President’s defenders argued that the President, as Commander in Chief, has the Constitutional responsibility to lead the military and protect the nation. Intelligence gathering is part of military activity. Therefore the intelligence gathering is a Constitutional duty and the Congress, under the separation of powers doctrine, may not interfere with the President’s Constitutional Duty to conduct intelligence. Under this doctrine, the President need not obey laws that he believes impinge on his management of the war effort and the defense of the nation. Most legal scholars believe that this argument is nonsense, but the George W. Bush administration has stated the doctrine and it was the subject of much litigation.
From this quotation, {624648} and {615902} it is clear that the framers of the Constitution intended the treaty making powers to be shared by the President and the Senate. In practice, in modern times treaties are usually initially negotiated by diplomats under the supervision of the President and the Senate gets to concur or not in the ratification process. However, there have been a number of treaty failures including the League of Nations where the lack of coordination has resulted in a situation where the Senate had to accept or reject something which the President had negotiated and the Senate rejected the treaty.
Senators have throughout our history used their power of treaty ratification to encroach on the executive branch and participate in the actual negotiations of treaties. President’s like McKinley to avoid non ratification actually appointed 3 senators to his 5 man treaty negotiating team. The 2/3 super majority is a high hurdle for ratification and presidents have always tilted with the Senate on treaties.
Andrew Jackson was an American lawyer, soldier, and statesman who served as the seventh president of the United States from 1829 to 1837. Before being elected to the presidency, Jackson gained fame as a general in the United States Army and served in both houses of the U.S. Congress. An expansionist president, Jackson sought to advance the rights of the "common man" against a "corrupt aristocracy" and to preserve the Union.
