The U.S. Supreme Court and the Liberal Constitution in the National-Security State

Anna-Katharina Dhungel‏

اکتوبر 2012 · GRIN Verlag

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Seminar paper from the year 2012 in the subject Politics - Region: USA, grade: 1,3, Christian-Albrechts-University of Kiel, language: English, abstract: The president of the United States is often mentioned in the media as the most powerful man in the world (Forbes 2012). But how far does his power reach in foreign affairs? Has he, as the commander in chief, the inherent power „to do anything, anywhere, that can be done with an army or navy“ (Youngstown Sheet & Tube Co. v. Sawyer, 1952: p. 642)? Can the Supreme Court control the president when he is acting with this executive powers and his authority as commander in chief? Did the president had the power to order the Korean War, the Vietnam War, the Congo rescue operation, the bay of pigs invasion, the intervention in the Dominican Republic or the engagement in the Cuban missile crisis without approval by Congress? Can the U.S. government detain foreign citizens indefinite at Guantanamo Bay and declare them as enemy combatants, without due process and suspend the writ of habeas corpus? Is the National Security Agency authorized to intercept international communication reputedly linked to al Qaeda or other terrorist organizations? This paper argues that there is no well-recognized inherent power giving the president the possibility to act in foreign affairs without judicial control and congressional authorization, even though there is a long debate about this issue.