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Politicial Science -Defense Policy Study Guide

The framers of the constitution were undoubtedly determined towards the prevention of war & establishment of a secular government while writing it. The framers renounced the monarchical model of the state government in every respect therefore; they distributed the foreign affairs power among the congress & the president. (Fisher) Their basic aim was to design a government that would not surrender to the commonly prevailing prejudices & disproportion during the Revolution era.

They realized the need for a balance between the individual rights & betterment of the society. The power to instigate a war was given to the congress by the framers; since they believed that the presidents may exploit their positions by manipulating wars in pursuit of prominence & grandeur. Senator George D. believed that a legislator could not afford to be in opposition to the president for implementing his power. If the lawmakers construe that there is no time to contemplate going to war, the congress becomes a nonentity & the president as a dictator. (Fisher)

In 1973 a War Powers Resolution this was passed endorsing over President Nixon’s veto; endorses an opportunity for autonomous presidential power by stating that the president is authorized to use armed force up to ninety days without the consent of legislative authority. It is considered as an effort at congressional contradiction since it violates the intent of framers & does not involve amalgamated judgement. Many presidents over the years have exploited their powers; the likes of Presidents Reagan, Bush, & Clinton used the military force without the Congress’s approval.

(Fisher) President Bush commenced the military action against Iraq in 1981, without the legislation support from Congress. What were some of the internal and external dangers the framers had to address? Do any of these still exist today? When President Lincoln suspended the summons of habeas corpus & declared his act was not illegal but was ventured by the municipal demands & obligation, the congress consequently conceded legislation so as to justify his actions.

The framers expected the three branches to accept self-serving statements from contravening officials but to make sovereign judgements about their institutional endorsement. The executive officials assured the members of Congress that it is alright to relinquish their duties. The same problems & issues are being faced today, the congress giving into the high officials regardless of their position against them.

The framers considered the government’s needs including the threats of anarchy among the immigrants, of Indian confederation to the nation’s security, the needs to institute ambassadorial relations with other nations & to provide a government solely representing the people, permissive to the state’s minorities. (The first amendment) they were prepared for the penitent attitude within the branches, therefore the framers aimed for a shared & discriminatory intermixture of the state’s powers.

By the late 1780s, the separation of principles was overtaken by the concept of checks & balances. Thomas Aquinas declared two theories regarding war; the Jus ad Bellum concerning with the right to make war & the Jus in Bello concerned with the war conduct. The Jus in Bello’s principles justify use of force during war,” War under this doctrine, cannot be waged indiscriminately or disproportionately. ” The principles state that attack on civilians is not allowed whether intentionally & to practice that the military targets should be placed away from civilian & humanitarian structures.

The declaration however has been ignored a number of times, an example being the 300,000 German civilian casualties by the USA along with its collaborator Europe during the second World War. The practice without doubt relates to terrorism as it pivots on indiscriminate target killing. (Barnett) The war initiated by the presidents or any individual does not remain in his control lateron; the damages caused by it are numerous. What were some of the checks and balances included in the Constitution? The constitution designed by the framers aimed to contradict the possibility for the denial of the minority rights.

Therefore, a Bill of Rights was included in the constitution that clarified & pledges the rights of minorities in assurance of the public opinion & the government. The constraints on the use of military force are imposing as they control the armed divergence when they are practiced. Often the authorities ignore the legislations for their own benefit thus acting disproportionately. (Barnett) Eisenhower’s veteran judgement cast a great impact when it represented the collective judgement of the president & Congress, on collaborators & adversaries alike.

(Fisher) In order to solve these problems, the framers divided the power among three branches of power: the legislative, executive & the judicial believing that the checks & balances incorporated in this system would prevent the exploitation of power by an individual or group. (The first amendment) John Locke, an influential person in the constitution founders thought that the natural law & an individual’s privileges to life, liberty & property were absolute & undeniable; hence his concept was the fundamental of the Declaration of Independence.

The constitutions along the years have been challenged by the officials & the people alike, the main concern should be the betterment of society as the original consent of the framers of the constitutions.

REFERENCES

Scott R. Simpson “The First Amendment” [2002] geocities. com [accessed 9 December 2007] <http://www. geocities. com/whitalone/firstamendment. htm> Louis Fisher “The war Power: No checks, No balance” [2003] Pages 106-116 Roger W. Barnett “Legal Constraints” [n. d. ] Pages 117- 123

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