T H E A P P L I C AT I O N O F P O W E R

PRESIDENTS AND THE CONSTITUTION

JAMES MADISON

Veto“Bonus Bill”

Father of the Constitution

ROADS AND CANALS

•At the Constitutional Convention pushed to add the power to build roads and canals into the Constitution•Congress would have the power•Promote transportation and commerce between states

FAILED TO BE INCLUDED

•Congress would have the power•Promote transportation and commerce between states

•Several delegates objected

FAST FORWARD TO 1815

• Madison is now the 4th president

• US spanned from coast to coast

• Transportation essential to the nation

• He URGED Congress to propose a CONSTUTIONAL AMENDMENT to include roads and canals

THE “BONUS BILL”

• Instead, Congress crafts and passes a bill

•Apply profits from the National Bank to build roads and bridges

MADISON’S ACTION

• “The legislative powers vested in Congress are specified and enumerated in the eighth section of the first article of the Constitution, and it does not appear that the power proposed to be exercised by the bill is among the enumerated powers, or that it falls by any just interpretation with the power to make laws necessary and proper for carrying into execution those or other powers vested by the Constitution in the Government of the United States.”

MADISON’S LAST ACT AS PRESIDENT

•VETO!• Why did he push this at the Constitutional

Convention • Why were improvements in roads and canals

necessary in 1815• What did he ask Congress to do about it as President,

Why• After fighting for 30 years, why did Madison veto• Do you think he was right to veto this “Bonus Bill”

THE INTERSTATE HIGHWAY SYSTEM

Federal-Aid Highway Act of 1956

•Meet the needs of the growing nation•Defense system • (German Autobahn)•Safer•Travel at greater speeds•Multi-lane uniform design

• 47,714 miles of Highway as of 2012•  world's second longest after China's• original portion was completed 35 years

later• one-quarter of all vehicle miles driven in

the country use the Interstate system• cost of construction has been estimated at

$425 billion (in 2006 dollars)

GEORGE W. BUSH & MILITARY TRIBUNALS

September 11, 2001New York City, Washington DC, Pennsylvania 2976 dead

WHO IS TO BLAME

• Bush Demanded the Taliban in Afghanistan to turn over Osama Bin Laden or he would attack• When they refuse, the US strikes • Bush declares the WAR ON TERROR• After months of fighting, hundreds were captured

• The Question?• Were the accused terrorists criminals• Were they illegal combatants (breaking laws of

war)

BUSH’S DECISION

•Illegal Combatants• Not entitled to any due process under US law

• Military Tribunals to try these accused terrorists

• Al-Qaeda Osama Bin Laden “Prime Suspect”

• Anyone Tied in any way

GUANTANAMO BAY

• Detention camp at US Naval Base in Cuba

•“to protect the United States and its citizens, and for the effective conduct of military operations and prevention of terrorist attacks.” -Bush

MILITARY TRIBUNAL

•How do they differ from US courts?• Prisoners are NOT US CITIZENS• Not required to preserve many rights found in the Bill of

Rights• Can be completely secret• Strict rules of evidence to NOT apply• Decisions may not be appealed • President as Commander in Chief makes final decision• They have been a part of every US war

TIME GOES ON…

• A month later, the first habeas corpus petition was filed• A petition challenging detention

• The case dismissed• Many more followed over years…all dismissed

INDEFINITE DETENTION

• Inspectors reported many cases of prisoner mistreatment•The public became very Leary of how the rights of the prisoners were withheld•The public also began questioning the use of indefinite detention

LEGAL BATTLE

2004 Supreme Court rules that habeas corpus rights did NOT depend on US Citizenship

-Bush responds by convincing Congress to pass the Military Commissions act of 2006

(Wartime conditions where habeas corpus did not apply to alien enemy combatants)

-2006 Supreme Court held that detainees had the right to appeal their detention

LOSS OF POWER

•2008 (Boumediene v. Bush) •Military Commission act of 2006 was an UNCONSTITUTIONAL suspension of habeas corpus. • Enemy Combatant detainees at Guantanamo were entitled to all 5th amendment rights

QUESTIONS

• What ultimatum did President Bush give to the Taliban on September 20, 2001

• What order did Bush give regarding trials for accused terrorists?

• What are two differences between criminal trials and Military Tribunals?

• How did the Supreme Court initially respond to habeas corpus petitions from detainees at Guantanamo Bay? How did the Court respond in 2004, 2006, and 2008?

• Should admitted and/or accused terrorists be afforded all constitutional due process protections? Explain your answer.