WEEK 16: Presidential War Making

The Department of Defense announced today the death of a soldier who was supporting Operation Iraqi Freedom. Captain John R. Dennison, 24, of Ijamsville, Maryland, died on November 15, 2006, in Balad, Iraq, as a result of small arms fire. Dennison was assigned to 5th Squadron, 73rd Cavalry Regiment, 3rd Brigade Combat Team, 82nd Airborne Division, Fort Bragg, North Carolina.


THIS CLASS IS DEDICATED TO THE MEMORY OF CPT JOHN RYAN DENNISON, THE SON OF JACK AND SHANNON DENNISON, OLD FRIENDS OF OURS FROM MY EARLIER MILITARY DAYS. PLEASE GO HERE TO SEE MORE ABOUT THE LIFE AND FAMILY OF JOHN RYAN DENNISON.
In this our last class, we will review the constitutional framework for presidential war powers and discover that the Constitution does not provide us with authoritative answers as to how the powers of the president as commander in chief are to be exercised. In fact, the debates of the Constitutional Convention of 1787 focused on the power of Congress to declare war and specific powers over the military found in Article 1. However, the commander in chief clause found in Article 2 of the Constitution does give some specific powers to the president and this forms the basis for the debate over presidential power in times of national emergency.

This week in class we will discuss the following topics:

• The Constitutional Framework
• Presidents and the Military Establishment
• The Military Chain of Command
• Presidential Use of the Armed Forces
• Legitimizing Presidential War Making
• The War Powers Resolution of 1973
• A Christian Perspective on War

In more than 300 instances, U.S. presidents have relied on their constitutional prerogatives as commander in chief to use the armed forces abroad in situations of conflict or potential conflict to protect U.S. citizens or promote U.S. interests. Fewer than half of these situations involved any prior legislative or Congressional authorization. In January 2008, the Congressional Research Service (CRS) prepared for Congress an updated report and detailed listing of notable deployments of U.S. Military Forces overseas beween 1798 and 2007. To view this listing click on here. In fact there have been only five (5) times in American history when presidents have used the armed forces with congressional declarations of war.

In his 2002 State of the Union address, President Bush named the Axis-of-Evil nations in his response to the September 11 terrorist attacks. Since then there has been legitimate debate and interpretations of the Catholic just war tradition by Christians as they formulate a responsible U.S. answer to the terrorist threat. In this 2005 article "Bush vs. Benedict", you can read here how Catholic neoconservatives grapple with their Church's just war tradition, while on September 24, 2001, the Faith & Reason Institute sponsored a debate and discussion here at the Institute of World Politics on the Catholic just war tradition just two weeks after the September 11 terrorist attacks.

As we enter into Advent and the Christmas season and close out our U.S. President's class with a discusion of war, the McKeegan family just received word that our son, Kevin and his unit the 3rd Brigade of the 1st Cav Div, will be leaving December 18 for his second tour of duty in Iraq. It seems approprate to close out this week with this "Prayer for Those in the Military Service".

Lord, Jesus Savior of the World and King of Peace, watch over our son, Kevin, in the service of his country. Protect him from the physical and moral dangers of military life. Keep him close to You and help him live the Commandments. Lord Jesus, give him courage to serve his country with honor and dignity. Be with him when he is in danger; strengthen him when he faces hardships. Above all Lord, grant that when his service is finished he may return to us, sound in mind, body and soul. Amen.

WEEK 15: Presidential Diplomacy

In this week's class we will examine the constitutional powers of the President in foreign affairs. What is diplomacy and how does the Constitution provide for the making of treaties? How does a treaty differ from an executive agreement and are these executive agreements constitutional? The president has three principal groups of officials to help him formulate foreign policy to include diplomatic communities, military communities and intelligence communities. The Secretaries of State and Defense together with the Director of Central Intelligence and the National Security Council (NSC) are key advisors to the President in carrying out his constitutional powers and interacting with Congress and its explicit constitutional powers detailed in Article 1. An example of a controversial diplomatic decision by U.S. Presidents George H.W. Bush and Bill Clinton is the continuation of China's MFN status after the Tiananmen Square massacre in 1989. See a BBC video of this event here, a Chinese video here, and a music video here that chronicles the massacre.



In preparation for next week's class on Presidential War Making, students are reminded to read the articles entitled "Is Terrorism a Mortal Threat?" and "Here's Who's Really Behind the Start of the Second Cold War". Be prepared for a class discussion of these articles.

WEEK 14: The President and the Budget

This last week we looked at the budget process and the role of the president, the Office of Management and Budget (OMB), Congress and the Congressional Budget Office (CBO) in developing a Fiscal Year (FY) budget for the U.S. government. Along the way we discovered that a budget simply determines government activities for the coming year, specifies when they will take place and puts a price tag on them. We campared the annual budget deficit or surplus for the years 1970, 1980, 1990, 2000 and 2007 and the increase in the Gross National Debt and the Annual Interest on that Debt over those years. THe FY 2007 budget was examined and controllable outlays were defined and identified and contrasted with uncontrollable outlays which include the various government entitlement programs.



The homework assignment requires the student to review the actual U.S. Government Budget totals for FY 2008 that ended September 30, 2008. You can view the Joint Statement of Henry M. Paulson, Jr., Secretary of the Treasury, and Jim Nussle, Director of the Office of Management and Budget, on Budget Results for Fiscal Year 2008 at this site and answer questions 1-4 of your homework assignment. Questions 5 & 6 are answered by reading the two articles attached to your homework assignment sheet entitled: "What Would Leo XIII Say About the Social Security System" and "Fiddling While Social Security Burns".

WEEK 13: THE PRESIDENT & THE COURTS

This week we examined the Federal Court System and the Constitutional dimension. Article 3 of the Constitution vests all judicial power in the Supreme Court and the lower federal courts. The president nominates candidates for openings to the 800+ lower-court positions in the U.S. District Courts and the U.S. Courts of Appeals and the nine member U.S. Supreme Court. These are life time positions and all of the presidential nominees must be reviewed and approved by the U.S. Senate. Because Presidents takes an oath to defend the Constitution and execute the duties of their office, they have a constitutional duty to see that laws are faithfully executed - not only laws passed by Congress, but also federal court decisions. If U.S. Marshals under the Department of Justice are unable to enforce these laws and decisions of the federal courts, presidents may use Federal troops or call the National Guard to Federal service, or both.


Two examples in the 20th century of Presidents using this power to enforce Federal court decisions occurred in September 1957 in Little Rock, Arkansas when Federal troops were called up by President Eisenhower as described here. A second example occurred in 1962 when President Kennedy called out Federal troops so that James Meredith could be enrolled in the University of Mississippi. Part One found here outlines events leading up to President Kennedy's decision while Part 2 found here outlines the events surrounding the riots at Ole Miss and the shooting of 35 U.S. Marshals precipitating the calling in of Federal troops.


And in May 1970, closer to home, the Governor of Ohio called out the Ohio National Guard to the campus of Kent State University where students protesting the bombing of Cambodia by United States military forces, clashed with Ohio National Guardsmen. When Ohio Guardsmen shot and killed four students on May 4, the Kent State Shootings became the focal point across the country for a nation deeply divided by the Vietnam War. See a video of this action here.

WEEK 12: Election Overview

This week we will be reviewing the presidential election vote and the latest results from the U.S. Senate races & House of Representatives. We will examine the demographics of voters and their preference for U.S. President & attempt to analyze and draw conclusions from this data. Later in the class we will begin a discussion of the President & the Courts by first looking at the Freedom of Choice Act (FOCA) and then traveling to Franciscan University to hear a presentation on this Act in Cosmos & Damien Hall. Americans United for Life have a comprehensive discussion of FOCA here. Watch a You Tube presentation where President-Elect Obama promises to sign FOCA here.


Your homework assignment involves a number of questions on the Federal Court System and past Supreme Court decisions. All of your home work questions can be answered from the Almanac except question 6. To answer this question, go to the U.S. Supreme Court here and to the U.S. Court of Appeals for the 6th District here.

WEEK 11: ELECTION EVE

This week's class on Election Eve will focus on some of the issues that may affect the Presidential election such as absentee ballots & early voting, different methods to cast a vote, election fraud and the role of exit polls. We will look at projections for the Congressional races and the Presidential race & look at some trends that may give us a clue as to who the eventual winner may be. We will also examine a few close presidential races from the past and their outcome.


Don't forget to bring a snack to share for our Election Eve party. The McKeegans will provide juices and soda and parents can join us anytime after 8:30 PM when we will finish class and watch early returns and projections.

Homework Assignment for Week 11
Students are to read and answer questions about four columns or articles concerning this year’s election cycle. Paul Likoudis examines the role of the Catholic Vote in this year’s election in his article, “Catholic Consciences Under Siege” found here. Cal Thomas is his article “We the People” found here, examines what the federal judiciary would look like under a Barack Obama administration. And Thomas Sowell asks “Are Facts Obsolete?” in his article here. Finally, Ellen Goodman puts a Halloween spin on these last days leading to the election in her column “The Democrats’ Case of the Jitters” found here.During class on November 4, you will receive a homework sheet with questions to be answered from each of these articles.

Week 10: Presidential Elections

In this week's class, we will be looking at the constitutional basis for the Electoral College and how the system works during a Presidential election. We'll review the key dates in November, December & January for the Electoral College and define some terms or issues that are sure to be heard on Election Day. We'll examine the most recent electoral vote projections for the Presidential race as well as projections on what the new U.S. Congress may look like. Closer to home, we will look at our state wide races and ballot issues and look at Harrison & Jefferson County races & ballot issues.

For more information on the Electoral College, click on here for the National Archives site. If interested in Zogby's latest projected electoral votes, click on here. If interested in reports and analysis found on the Rasmussen Reports, you can click on here. Meanwhile, don't forget to click on the Electoral map on the right side of my blog to get daily updates on the presidential race & national congressional races. Here you will find the most comprehensive statistics and information on all the races throughout the country.