Cases where the president has taken the U.S. troops without congressional authorization (2)

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Cases where the president has taken the U.S. troops without congressional authorizationUnder the constitution, the president has the power to veto legislations, command the armed forces, convene and adjourn congress, ask for the opinions on cabinet which should be written, grant reprieves and pardons, and receive and dismiss ambassadors. However, in the second paragraph of Article II, Section 2, the constitution provides that the President shall have Power, by and with the Advice and Consent of the Senate to make Treaties, provided two thirds of the Senators present concurs with the negotiations of the treaty in question CITATION Cur14 l 2057 (Bradley & Goldsmith, 2014). Furthermore, the president shall nominate, and by and with the advice and consent of the Senate, he shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not included in the mentioned categories above, and which shall be recognized by law. The president basically depends on the senate in making major decisions such as legislations. CITATION Art l 1033 (Article II , n.d.) The president’s power to take the U.S. forces into situations of hostility is limited under the constitution CITATION Cur14 l 2057 (Bradley & Goldsmith, 2014); however, since the founding of the republic, successive presidents have used military force without congressional authorization over two hundred times. This paper will focus on the cases in which the president has taken the U.S. troops into a foreign military situation without congressional Authorization and the legality of the president’s actions for each case presented.

Firstly, is the quasi war between the United States of America and France between 1798 and 1800. John Adams was the president during this war which is viewed to have helped shape the American foreign policy. The American and the French government conflicted over the signing of a supposed peace establishing treaty with England. According to the French, this treaty would violate the 1778 Treaty of Alliance made with the Americans during the American Revolution. Amidst the mayhem, the American government also failed to make debt payments to the French on the basis that the current government was not the government that had signed the treaty. Following this, the French seized Americas merchant ships and upon intervention by the U.S. government the French made so much demands that America could not meet. The U.S. Navy went into war to protect America which was considered to be under attack. The president in this case was obliged to make a decision that favored America. The president’s actions were in line with the best interests of the nation which is legal. CITATION Kat17 l 1033 (Eschner, 2017)Secondly is the Utah Expedition between 1857 and 1858 which was basically an armed confrontation between the United States armed forces and the Mormon settlers in the Utah territory. This confrontation occurred during the time of President James Buchanan who attempted to use force with the Mormons in the Utah territory and ended up stirring a rebellion. American government was particular against the polygamy nature of the Mormons and considered it un-American like. Troops were sent in to install the typical American government and establish law and order. The president’s action was aimed at uphold law and order throughout its jurisdictions and the president was just doing his job which is substantially legal because that is what a ruler is expected to do. CITATION Bla18 l 1033 (Stilwell, 2018)Thirdly are the Indian wars which basically broke out because Indians acquired Christianity and civilization and thus became a threat to the Native Americans. The war was based on racism and religious backgrounds that disguised Indians as barbarians and child killers in the eyes of the Native Americans. The Indians on the other viewed George Washington as a town wrecker because the attack had been through his orders. The last war between the Indians and the American government happened in 1812 under the leadership of Andrew Jackson. In the Indian wars, the president had mobilized the troops to fight for the rights of the Native Americans which were then considered the right thing to do. A people of a different race could not have possible been allowed to take away what belonged to the Native Americans. Legally, the president is obliged to protect the citizens from any kind of invasion within his jurisdiction. CITATION And09 l 1033 (Gardner, 2009)The other war is patriotic war of 1837 with Canada. The patriots who consisted of the Irish and United States citizens in the upper part of Canada and the United States were determined to detach the peninsula lying between the Michigan frontier and the Niagara frontier in Canada and append it to the United States. The patriots marched to make their demands which led to a plot to capture of the United States Arsenal at Dearborn and seizure of its arms. To contain this situation, the Michigan Militia was assigned to watch over Arsenal. More defenses were expended later since the frontier troubles increased. The president in this case acted to fulfill the law of maintaining order within its territories which is a legal thing to do since the patriots were cause unrest and even attacked a militia base in Michigan. CITATION The l 1033 (ThePatriot War, n.d.)Lastly, the naval skirmishes in Sumatra in the 1830s; was about the American expeditions launched against pirates in Indonesia. The American traders who had established their trading links throughout the Far East faced threats which led to the making agreements with the local leaders. This happened during the time of Andrew Jackson and he was so upset upon hearing this news. In reaction, he sent out troops to ensure the American traders were safe during their business operations and this led to the first expedition. The president acted in order to protect its citizens which is utterly the right thing every ruler would do and also legal. CITATION Ant16 l 1033 (Vanner, 2016)In summary, as much as the president acted without authorization from the congress, his actions were utterly for the best to safeguard the interests of the United States. By expending the troops to war, the foreign policy was enhanced particularly in the case of the war with the French.

References

BIBLIOGRAPHY Akkad, O. E. (2017). American War. ‎Alfred A. Knopf.

Article II . (n.d.). Retrieved from Ineractive Constitution : https://constitutioncenter.org/interactive-constitution/articles/article-ii

Bradley, C. A., & Goldsmith, J. L. (2014). Foreign relations law : cases and materials. New York : Wolters Kluwer Law & Business.

Eschner, K. (2017, July 7). This Unremembered US-France ‘Quasi War’ Shaped Early America’s Foreign Relations. Retrieved from Smithsonian.com: https://www.smithsonianmag.com/smart-news/unremembered-us-france-quasi-war-shaped-early-americas-foreign-relations-180963862/

Gardner, A. G. (2009). The Indian War. Colonial Williamsberg.

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Stilwell, B. (2018, September 19). That time Mormons accidentally went to war with the US Army . Retrieved from We Are the Mighty: https://www.wearethemighty.com/history/utah-mormon-war-with-army

ThePatriot War. (n.d.). Retrieved from Michigan Department of Military and Veterans Affairs: https://www.michigan.gov/dmva/0,4569,7-126-2360_3003_3009-16956–,00.html

Vanner, A. (2016, January 26). The US Navy’s Sumatran Expeditions 1832 & 1838 . Retrieved from Dawlish Chronicles: http://dawlishchronicles.blogspot.com/2016/01/the-us-navys-sumatran-expeditions-1832.html