American Strategy For U.s. Foreign Policy - 829 Words

Walter Russel Mead, a Senior Fellow for U.S. Foreign Policy at the Council on Foreign Relations, believes that â€Å"American strategy for U.S. foreign policy is shaped from four distinct schools of thought: Hamilton and his protectionist toward commence, Wilson and his sense of moral principles; Jefferson and his maintenance of our democratic system; and Jackson, the advocate of populist values and military might.† Henry Kissinger argued that one of these schools has dominated American strategy and stated, â€Å"It is above all to the drumbeat of Wilsonian idealism that American foreign Policy has marched since his watershed presidency, and continues to march to this day.† After reviewing many of the actions and statements made by the presidencies since Woodrow Wilson, during and after the Cold War, there is no doubt that Henry Kissinger is correct in his statement. There are repeated examples of Wilsonian idealism in the presidencies and in their foreign policy from Wilson through the end of the Cold War. Franklin Roosevelt and Harry Truman’s administration supported the formation of the United Nations in order to promote human rights and freedom around the world. In a speech to Congress, President Truman recommended assistance to Greece and Turkey when he stated, The free peoples of the world look to us for support in maintaining their freedoms. If we falter in our leadership, we may endanger the peace of the world. And we shall surely endanger the welfare of this nation. ThisShow MoreRelatedThe Sovereignty Solution By Simons, Mcgraw And Lauchengco Essay1739 Words   |  7 PagesThe Sovereignty Solution is the book of choice that was evaluated. This book presents to the readers a radical way to deal with strategy – a persuasive, credible and clear contention recommending a basic and significant move in the way Americans charact erize their nation s strategy. The authors perceive that despite their considerations and recommendations are not the truly the ultimate solution, they may in any event awaken some truly needed debate relating to the issue. All through the contentRead MorePresident Washington s Foreign Policy Essay1579 Words   |  7 PagesWashington was of little consequence within his administration in directing American foreign policy, and that his advisors upstaged him in respect to directing foreign policy for the new nation. President Washington directed successful foreign policy initiatives with the assistance and recommendations of his advisors, a right guaranteed in the United States Constriction for not only the President to inform foreign policy, but for the President to receive assistance from ministers (Reuter 151). Washington’sRead MoreThe War On Terror : An Example Of All Three Foreign Policy Tools Is Afghanistan Essay1303 Words   |  6 PagesWar on Terror required utilizing pre-emptive war, regime change, and unilateralism. An example of all three foreign policy tools is Afghanistan. Bush took a hard line approach with the Taliban government of Afghanistan, who had a semi-friendly working relationship with Osama bin Laden’s terrorist group, al Qaeda, by declaring that if the Taliban government did not hand over bin Laden, the U.S. would invade Afghanistan. The War on Terror created a renewed moralism that had effectively disappeared inRead MoreProblems Faced By Japanese Foreign Investments Relations Between U.s. And Japan1135 Words   |  5 Pageseconomy, the foreign investments relations between the U.S. and Japan have been one sided due to the inter-Asian business models of the Japanese markets. Japan has traditionally been cooperative with the United States in allowing its products to be manufactured and sold in the United States, which has provided some manufacturing jobs in the U.S. This causes problems for the U.S. because they are disad vantaged by one-sided trade agreements that decrease job opportunities for American workers, sinceRead MoreForeign Policy Of The United States1042 Words   |  5 Pages The foreign policy of the United States of America is the process in which it cooperates with foreign nations and sets guidelines of communication for the rest of the world. The foreign policy of the United States is the strategy by which the United States communicates with foreign countries. The U.S. has a powerful influence in this world. The global reach of the United States is backed by a $14.3 trillion dollar economy, roughly a quarter of worldwide GDP, and a protection spending plan of $711Read MoreU.s. Department Of State And The United States Agency Of International Development Essay915 Words   |  4 PagesThe U.S. Department of State and the United States Agency of International Development (USAID) has published five strategic goals.1 Under these goals they have formulated a total of thirteen objectives to give the strategy a more specific direction. In these strategic objectives there is representation of Wilsonian, Hamiltonian, Jeffersonian, and Jacksonian ideals. Curren t U.S. foreign policy certainly has a strong Wilsonian flavor. However, Wilson’s theory alone does not accurately portray U.S. foreignRead MoreJohn F. Kennedy s Strategy On Foreign Policy1275 Words   |  6 PagesJohn F. Kennedy’s Strategy on US Foreign Policy Although John F. Kennedy’s record on foreign policy has received mixed reviews because of his all too short presidency, Kennedy’s approach or strategy on how to deal with international issues gave the United States of America options on foreign policy, both then and now. John Fitzgerald Kennedy was born to a rich and privileged family who was already a well politically connected family. The Kennedy’s fortune came from the stock market, entertainmentRead MorePresident Franklin Roosevelt And The United States1699 Words   |  7 PagesHoover Administration’s policies were created to strengthen relations with Latin America; for instance the retraction of the Theodore Roosevelt’s Corollary to the 1823 Monroe Doctrine that stated only the U.S. could gather debts owned by foreigners to countries in the Western hemisphere. It took President Franklin Roosevelt and his administration over 10 years to achieve many of the original Good Neighbor Policy. Roosevelt had two main reason for pursuing the Good Neighbor Policy. The first reason wasRead MoreForeign Policy Decisions Of The United States888 Words   |  4 PagesReflecting on the foreign policy decisions of the United States of the Post-World War II era, one will find that the U.S. a imed to make pragmatic foreign policy decisions to strengthen its position in world politics. Some of these decisions may have given the U.S. economic advantages or helped spread democracy to the world. However, they were only the byproducts of a pragmatic strategy that aimed at giving the U.S. a larger sphere of influence in geopolitics over the Soviet Union. It is seen in theRead MoreForeign Policy : A Type Of Strategy Implemented By A Country1173 Words   |  5 PagesPols 202 12/3/2015 Robin Datta Final Exam Foreign Policy According to BussinessDictionary.com, foreign policy is a type of strategy implemented by a country which relates to their diplomatic issues and decisions with other countries. Foreign policy is not merely invented in the United States, if there was only one country that has this policy then how would a country has an affair or a relation to one another? Thus, foreign policy is supposed to be useful for one country and the others

University Of Oxford English Professor, Dr. Stuart Lee

University of Oxford English professor, Dr. Stuart Lee argues that the First World War was one of the seminal moments of the twentieth century in which literate soldiers, plunged into inhuman conditions, reacted to their surroundings in poems. Lee’s statement identifies the role played by First World War poetry played in not only commemorating the Great War but also allowing scholars to gain an insight into the brutalities of the conflict through this literature available. This essay will agree with the statement that First World War poetry has become one of the defining factors of Britain’s memory of the war, as it has acted as an avenue to access the real emotions and difficulties faced by the people, including soldiers, caused by the†¦show more content†¦Also, the mocking tone of the poem indicates to the reader that the war may have been meaningless in the eyes of the soldiers, especially as it was a war of attrition. The conflict tested how long an army co uld endure the conditions and sustain morale. Achievements due to the efforts of the soldier were less visible and tangible. This perspective is further emphasised by Sassoon in â€Å"The Kiss† as he describes the â€Å"blind power† of the bullet reiterating the view that the conflict was futile. Even Rosenberg argues that the war was a time of mass slaughter and human sacrifice with little sense. Rosenberg sheds light on the artificiality of political barriers through the imagery of a rat in the poem â€Å"Break of the Day in the Trenches† where the rat â€Å"touched this English hand† and â€Å"will do the same to a German†. There is a sense of playfulness to the poem but there are overtones of bitterness. Although Rosenberg is discussing a broader theme here about the arbitrariness of political divisions and borders for non-humans, an interpretation is that the poet is hinting at the artificiality of the Great War. This again signifies a condemn ation of the war and the fact that soldiers consider the war to be unnecessary during and after the war. The poetry of the First World War gives the audience an insight in the horrific realities of the war and the inhumane conditions. It is inaccurate to claim that brutalities only occurred during the Great War;Show MoreRelatedCsr Communication in the Pharma Industry35538 Words   |  143 Pagescritically the logic, composition, and protocols of research methods; to evaluate the performance of individual techniques; and to estimate the likelihood of particular research designs to contribute to knowledge.† Professor Klaus Krippendorff. Annenberg School for Communications, University of Pennsylvania. 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Dowden Philosophy Department California State University Sacramento Sacramento, CA 95819 USA ii iii Preface Copyright  © 2011-14 by Bradley H. Dowden This book Logical Reasoning by Bradley H. Dowden is licensed under a Creative Commons AttributionNonCommercial-NoDerivs 3.0 Unported License. That is, you are free to share, copy, distribute, store, and transmit all or any part of the work under the following conditions:Read MoreDeveloping Management Skills404131 Words   |  1617 Pagesbuilt-in pretests and posttests, focus on what you need to learn and to review in order to succeed. Visit www.mymanagementlab.com to learn more. DEVELOPING MANAGEMENT SKILLS EIGHTH EDITION David A. Whetten BRIGHAM YOUNG UNIVERSITY Kim S. 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Business Capstone Project Strategy and Model

Question: Describe about the Business Capstone Project for Strategy and Model. Answer: Introduction The presentation is based on the analysis of the board after the shake-up in the Erie Group. The presentation will be highlighting the performance and status of the company, whether it has improved or decline. The presentation will show the team member added or lost. Further, there will be an explanation of the reason of improvement of decline in the Erie group due to shaking up. Strategy and models used by Erie will be followed by change and impact. Company Status after Shake up Addition after shake-up After the shake-up company thought of implementing new strategic model. The implemented strategic model will further help the company, in improving the position of the company in long-run. Company has to recover its position for achieving growth of the organization, which can be achieved by the implementation of the strategic model. Reasons for improvement Integrated Product Development needs to be implemented for integrating the improvement in the product. Moreover, there are various ways for improving the product, essential for which are given below: More investment needs to be in the research development, process, and product development phase of the company. Improvement in the method of processing the product[1]. Digital product models should be implemented for capturing and developing the market. Strategy Adjusted Strategic models used: There are some strategic models that will be implemented for promoting the product in the market as well as capturing the market share. The model used for Erie will PESTEL Analysis and Michael Porters Five Forces, these models will help the company in the long run as well as short run. Erie will be further implementing these models for improving fulfilling the goals and objective. The company will be further implementing a strong marketing plan for promoting the product[2]. PESTEL Analysis will be explaining political, economic, social, technological, environmental and legal aspect of the company. The model will be focusing on monitoring the macro environment and factors effecting. The result will be analyzed after doing SWOT Analysis of the company will be analyzed after doing complete evaluation of the company. Michael Porters Five Forces analysis will be evaluate the result of the business under the company and with specific strategy of the business. Industry rivalry will be expla ined with the help of bargaining power of the suppliers, threat of New Entrants, threat of substitute as bargaining power of the buyers. Change due to shake-up: Cash flow level of company has seen huge variation from 2016-2022 which are given as follows: In 2016, it has been observed that company has sufficient fund from the operation of the business, but a company has a negative balance in the financial activity of the company. In 2017, it has been noticed that Erie has improved the position of negative financing activity. Moreover, the company has sufficient level of finance and a lot of financial charges in 2017. In 2018, the company has a mixing combination of 2016 and 2017 in all the activity of the company. From the year 2019 to 2022, it has been observed that negative balance is present in the investment activity. In 2023, investing section of the cash flow has grown huge with negative balance. In 2024, Financing activity of the company has improved from the previous it is because may the company must have hot profit due to selling of the some fixed asset. Conclusion From the overall analysis of the company, it has been noticed that due to the implementation of the product the company is not able to generate an adequate amount of profit. It has been further noticed that company should put more focus on the strategic models used above for analyzing the development and implementation phase of the product. It has been observed that company had huge negative balance in the year 2019, which has improved by the time. Reference list Kotler, Philip, Kevin Lane Keller, Delphine Manceau, and Aurlie Hmonnet-Goujot.Marketing management. Vol. 14. Englewood Cliffs, NJ: Prentice Hall, 2015. Mullins, J., Walker, O.C. and Boyd Jr, H.W., 2012.Marketing management: A strategic decision-making approach. McGraw-Hill Higher Education.

The Member Of The Wedding Essay Research free essay sample

The Member Of The Wedding Essay, Research Paper The Member of the Wedding by Carson McCullers is the narrative of an adolescent miss who triumphs over solitariness and additions adulthood through an individuality that she creates for herself in her head. It is with this pretense that twelve twelvemonth old Frankie Addams begins to experience confident about herself and life. The writer seems to bespeak that one can experience good about oneself through positive thought regardless of world. The fresh Teachs that one # 8217 ; s fate is a self-fulfilled prophesy, seeing one # 8217 ; s ego in a certain light oftentimes creates an environment where 1 might go that which one would wish to be. The universe begins to look new and beautiful to Frankie when her older brother Jarvis returns from Alaska with his fiancee, Janice. The one time gawky Frankie, forlorn and lonely, experiencing that she # 8220 ; was a member of nil in the universe # 8221 ; now decides that she is traveling to be # 8220 ; the member of the wedding. We will write a custom essay sample on The Member Of The Wedding Essay Research or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page # 8221 ; Frankie truly believes that she is traveling to be an built-in portion of her brother # 8217 ; s new household and becomes infatuated with the thought that she will go forth Georgia and unrecorded with Jarvis and Janice in Winter Hill. In her strategy to be portion of this new unit, she dubs herself F. Jasmine so that she and the nuptials twosome will all hold names get downing with the letters J and a. Her positive thought induces a euphory which contributes to a rejection of the old feeling that # 8220 ; the old Frankie had no we to claim # 8230 ; . Now all this was all of a sudden over with and changed. There was her brother and the bride, and it was as though when first she saw them something she had known inside of her: They are the we of me. # 8221 ; Bing a member of the nuptials will, she feels, link her irrevocably to her brother and his married woman. Typical of many adolescents, she felt that in order to be person she has to be a portion of an integral, bing group, that is, Jarvis and Janice. The adolescent old ages are known as a clip of self-analysis for a new and grown up individuality. In an attempt to happen this individuality teens seek to fall in a group. Frankie, excessively, is deperate for Jarvis and Janice # 8217 ; s grownup credence. Frankie is forced T o spend the summer with John Henry, her six twelvemonth old cousin, and Berenice Brown, her black cook. It is through her interactions with these two characters that the reader perceives Frankie # 8217 ; s acclivity from childhood. Before Jarvis and Janice arrive, Frankie is content to play with John Henry. When she becomes F. Jasmine and an imagined # 8220 ; we # 8221 ; of the twosome, she feels excessively mature to hold John Henry slumber over, preferring, alternatively, to busy her clip explicating her nuptials programs to aliens in bars, a behaviour she would non hold considered making before deriving this new assurance. When F. Jasmine tells her programs to Berenice, the cook instantly warns her that Jarvis and Janice will non desire her to populate with them. F. Jasmine smugly ignores the cook # 8217 ; s warning that # 8220 ; you merely puting yourself this fancy trap to catch yourself in trouble. # 8221 ; The stripling feels confident and cocky, declining to believe that her secret plan is absurd. After the nuptials and the smashing world that French republics ( as she is now known ) faces, it is apparent, from the fact that their refusal doesn # 8217 ; t oppress her, that she has genuinely turned herself about, and that her adulthood is an reliable and staying one. At the decision of the narrative, the now confident French republics is able to be after a hereafter for herself, by herself, which includes going a great author. She, farther, finds a sympathetic friend who becomes the other half of her new # 8220 ; we. # 8221 ; Carson McCullers brightly portrays a teenage miss # 8217 ; s ripening through a fancied feeling of belonging, which finally leads to a true belonging. The reader sees how the miss grows from a infantile # 8220 ; Frankie, # 8221 ; to a disillusioned # 8220 ; F. Jasmine, # 8221 ; and finally to a full-blown French republics. When F. Jasmine inquiries Berenice as to why it is illegal to alter one # 8217 ; s name without consent of the tribunal, the cook insightfully responds, # 8220 ; You have a name and one thing after another happens to you, and you behave in assorted ways and do assorted things, so that shortly the name begins to hold a meaning. # 8221 ; No affair how we might alter externals, it is merely when our innermost feelings are altered that we truly alter and grow.

Military Tribunals free essay sample

Bush issued a military order (M. O. ) which allowed the President’s to â€Å"identify terrorists and those who support them† and bring them to justice by way of â€Å"military tribunals. † President Bush argues that it is his duty to â€Å"protect the United States and its citizens. The M. O. makes this possible by delineating the rules and procedures for military tribunals held during the war on terror. The legality of Bush’s M. O. immediately became the subject of debate upon its publication. For example, the president argues that he is fully authorized to enforce the use of military tribunals based on the historical precedents set in place by former presidents. He also argues that he is permitted to establish tribunals based on his declaration of â€Å"a national emergency on September 14, 2001. † The M. O. order states that â€Å"this emergency constitutes an urgent and compelling government interest, and that issuance of this order is necessary to meet the emergency. We will write a custom essay sample on Military Tribunals or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page † By declaring a state of national emergency, Bush suggests that tribunals are now a matter of â€Å"military necessity. Those subject to the order are defined in subsection 2(a)(1) as someone who â€Å"is or was a member of the organization known as al Qaeda,† as well as someone who meets the following criteria: â€Å"has engaged in, aided or abetted, or conspired to commit, acts of international terrorism, or acts in preparation therefore, that have caused, threaten to cause, or have as their aim to cause, injury to or adverse effects on the United States, its citizens, national security, foreign policy, or economy, or [anyone who] has knowingly harbored one or more [of these] individuals† Nevertheless, the M.O. was highly controversial despite all of the historical precedents, the declaration of a national emergency, and the specifications in section 2(a)(1). In Jennifer K. Elsea’s CRS Report for Congress titled, â€Å"The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the UCMJ,† Elsea summarized one of the opposition’s arguments, which is that â€Å"the President’s M. O. has been criticized as overly broad in its assertion of jurisdiction, because it could be interpreted to cover non-citizens who have o connection with Al-Qaeda or the terrorist attacks of September 11, 2001. † As this report will show, debates over the definition of an â€Å"enemy combatant† as it applies to the war on terror are very complicated. The world is now facing an unidentifiable enemy on an undefined battleground. But the vagueness of the M. O. as far as who exactly it applies to is only one out of the many problems found in Bush’s M. O. Also opposing the M. O. are both members of Congress and the Judiciary as they feel very uncomfortable allowing the President to establish military tribunals f or the war on terror. Mainly, the arguments against the President include his disregard for the Constitution and the Uniform Code of Military Justice (UCMJ). This disregard is seen as Bush’s bypassing the military’s courts martial system as well as the United States civilian district courts already in place. In his congressional report titled, â€Å"Military Tribunals: Historical Patterns and Lessons,† Louis Fisher clarifies that â€Å"one of the principal methods of legislative control over military trials, including tribunals, are the Articles of War that Congress enacts into law. While the Articles of War have since been combined into a single Uniform Code of Military Justice, it nonetheless remains Congress’ explicit constitutional power to â€Å"make rules for the Government and Regulation of the land and naval Forces. † As such, Congress feels that Bush is denying its right to regulate the enforcement of military tribunals. In addition to the Constitution, Article 18 of the UCMJ explicitly states that, â€Å"General courts-martial . . . have jurisdiction to try any person who by the law of war is subject to trial by a military tribunal and may adjudge any punishment permitted by the law of war. However, President Bush states in his M. O. that rather than try suspected terrorists by court-martial, the President should enforce military tribunals for crimes against the â€Å"law of war. † Specifically, the M. O. states that those â€Å"subject to this order† are â€Å"to be tried for violations of the laws of war and other applicable laws by military tribunals. † The argument by the opposition, therefore, is that choosing to bypass the UCMJ, the President has circumvented the established rule which states that violations of the â€Å"laws of war† may be tried by court-martial. Opponents of the M. O. ear that a defendant would risk losing certain rights guaranteed by courts-martial and the civilian courts. Since the publication of the order, several legal professionals and civil rights activists have been very outspoken against the use of military tribunals and the executive’s claim to such a large amount of unchecked power. Legal professionals like Leonard M. Wallstein Jr. , a former officer in the Judge Advocate’s Office during WWII, agree that â€Å"efforts to divorce the military justice system from command control, to insure adequate representation by counsel, and to increase civilian supervision should not cease. Such a gross neglect for the protection of civil liberties would underscore America’s intent to p reserve freedom and democracy Both the Bush administration and its opponents posses enough strong evidence to support their respective opinions regarding the constitutionality of the M. O. However, after almost five years of scrutiny, the M. O. recently fell subject to the Supreme Court’s ruling in Hamdan v. Rumsfeld, creating a stay on the proceedings of the commission against Osama Bin Laden’s driver, Salim Ahmed Hamdan. Originally, the decision to consider Hamdan’s request for Habeas Corpus was denied by the Military Court of Appeals. Nonetheless, the Supreme Court took charge in this matter and decided that Hamdan’s military commission was unconstitutional as it â€Å"is not expressly authorized by any congressional act,† and violates, among other things, the Uniform Code of Military Justice Article 36 as well as Article 3 of the Geneva Conventions. The details of the Hamdan case have significant implications for the enforcement of Bush’s M. O. Such implications will be discussed later in this report. The debates surrounding a President’s use of military tribunals did not begin in 2001 but rather much earlier in the nation’s history. Therefore, in light of the recent decisions made in the Supreme Court regarding the constitutionality of the M. O. and Bush’s use of military tribunals, it is important to investigate the historical evidence used by the administration. Examples of military commissions being used by Presidents date back to President Washington. Bush’s most useful precedent comes from Franklin D. Roosevelt’s administration and the Supreme Court decision in Ex Parte Quirin. Since the M. O. , however, the debate has been at the forefront of national politics and civil rights agendas. Evidence of such a prolonged debate begs an important historical question. Based on both historical evidence as well as contemporary issues, it is this report’s intention to answer the following questions: How was President Bush able to legally implement his M. O. given the apparent breach of checks and balances? Also, how did the other two branches of the federal government eventually renounce the M. O.? Finally, what measures are currently in place to try suspected terrorists? This report will be broken into three sections. The first describes, in detail, President Bush’s argument in terms of the legality of his M. O. This section answers the first historical question. There is strong historical evidence in support of his M. O. including several precedents set in place by previous presidents. While examples date back all the way to General Washington’s use of tribunals during the Revolutionary War, this report will not go back any further than President Lincoln and the tribunal held following his assassination. Other significant historical examples, which carry a great deal of weight in the matter of the M. O. ’s constitutionality, include the Supreme Court decisions of Ex Parte Milligan following the Civil War, Ex Parte Quirin following World War II, as well as Johnston v. Eisentrager and Ex Parte Yamashita. The second section reviews the arguments made against Bush’s M. O. , which challenge his authority to establish military tribunals without proper supervision by the other two branches of government. This section answers the second historical question. It cites the three most recent Supreme Court decisions in the matter of military commissions. The cases Hamdi v. Rumsfeld, Padilla v. Rumsfeld, and Hamdan v. Rumsfeld all address contemporary issues surround the M. O. The outcome of each case helped the opposition by discrediting the M. O. in many respects. The facts of each case will be thoroughly discussed in this section along with several examples of public opinion. Additionally, Section II analyzes the applicability of the UCMJ and the Geneva Conventions within the scope of recent court cases such as Hamdi v Rumsfeld, Rumsfeld v. Padilla, and Hamdan v. Rumsfeld.. As this report will discover, it becomes very clear that the M. O. violates both the UCMJ and the Third Geneva Convention. Section II concludes with recent updates in the debate over Bush’s M. O. including the Military Commissions Act of 2006 as well as the outcomes of the three aforementioned cases. The third and final section will mostly be my personal opinion on the matter of Bush’s M. O. Using the evidence compiled in this report, I will inject my own ideas regarding military commissions for the war on terror. While this brief section is only my opinion, it will mostly serve as a helpful conclusion to the questions raised in this introduction. The debate over Bush’s M. O. brings into question the President’s protection of American interests. Charles Lane of The Washington Post, declares that the decision over the M. O. â€Å"could be one of the most significant rulings on presidential war powers since the end of World War II. † Here, Lane refers to Ex Parte Quirin, a Supreme Court decision involving Nazi saboteurs and the use of military tribunals to try them for violating the laws of war. Whatever the outcome, it is important that both the administration and its opponents act according to the American values which the M. O. originally set out to protect. Section I Recent arguments over Bush’s M. O. created a sudden resurfacing of old Supreme Court cases which disclose the use of military tribunals throughout the history of the United States. The Bush administration believed that certain historical evidence would prove to be very useful in confirming the President’s authority to establish military tribunals. The historical evidence for the President is abundant. Significant cases which support the M. O. include Lincoln’s use of military tribunals and suspension of Habeas Corpus, Ex Parte Mudd, Ex Parte Quirin and Ex Parte Yamashita. However, opponents feel that each account of a president’s use of tribunals is circumstantial and deserves close scrutiny. Examples of military tribunals being enforced by the Executive Branch are seen throughout the history of the United States. However, opponents of the M. O. cite their own historical precedents which should place restrictions upon the President’s authority to use military tribunals in the war on terror. An example of such a case is Ex Parte Milligan. During the Civil War, President Abraham Lincoln utilized his authority as Commander and Chief by declaring the suspension of habeas corpus and establishing the use of military tribunals in regions where resistance against Union forces was dangerous. Lincoln’s actions were questioned with regard to whether or not the President could make such a decision without the consent of Congress. It was argued that the authority to establish military tribunals was explicitly reserved for Congress. According to Fisher, â€Å"throughout the first seven decades of the American Republic, xecutive officials recognized that the ultimate constitutional authority to create and regulate military tribunals lay with Congress, not the President. † As such, President Lincoln’s actions were significant as he independently claimed the power to establish military tribunals during a time of war. Lincoln’s Attorney General, Edward Bates, published his opinion on Lincoln’s actions and stated that the President was acting in accordance with his constitutional limits. Bates’ argument relied on the contention that the President’s duty is to â€Å"preserve, protect and defend the Constitution of the United States. However, Bates continued, Lincoln could not perform his duties â€Å"without putting down rebellion, insurrection, and all unlawful combinations to resist the General Government. † Lincoln also cited Article II of the Constitution which stated that â€Å"the privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public safety may require it. † Seeing as how the conditions of the Civil War satisfied this criterion, Lincoln was confident in the appropriateness and the legality of his decision to suspend the writ. He pointed out that â€Å"it can not be believed the framers of the instrument intended that in every case the danger should run its course until Congress could be called together, the very assembling of which might be prevented, as was intended in this case, by rebellion. † President Bush applied this same principle, in a sense, by declaring a state of national emergency after 9/11 to ensure public safety according to the M. O. Bates concluded that the President’s power to seize such unilateral authority was â€Å"temporary and exceptional. Therefore, Congress did not object to Lincoln’s decision in this matter, and the Executive was allowed to use military tribunals and suspend Habeas Corpus against those rebelling against the Union. Recognizing the military significance of the situation, Congress enacted a piece of legislation on July 17, 1862, which authorized the President to appoint a judge advocate general to enforce, in a time of war, military tribunals for those who qualified as being a member of the military or those who were caught spying against the Union. While there are several instances of military tribunals being used throughout the Civil War, the case Ex Parte Milligan stands out as the most significant. Ex Parte Milligan had important implications which restricted Executive authority in establishing tribunals. Opponents cite the case as a reason to renounce the M. O. Lambdin P. Milligan, a U. S. citizen from Indiana who was not a member of the military, was arrested in 1864. Milligan protested the Civil War and was a well known Confederate sympathizer as he belonged to the Southern secret society, the Knights of the Golden Circle. He was charged for several offenses including â€Å"conspiracy against the government of the United States,† as well as â€Å"violations against the law of war. † As a civilian unaffiliated with the military, Milligan filed for a writ for habeas corpus and challenged his military tribunal and his subsequent death sentence. Milligan’s case was heard by the Supreme Court in March, 1866. The Honorable James A. Garfield, then a Representative for the state of Ohio, offered his own argument on the outcome of the case. Garfield alludes to the decision made in Milligan: â€Å"[N]o such necessity can be pleaded to justify the trial of a civilian by a military tribunal when the legally authorized civil courts are open and unobstructed. † This idea is expressed further in Judge Advocate General Joseph Holt’s â€Å"Digest for Opinions† for 1866, where he states that â€Å"in a military department the military commission is a substitute for the ordinary state or United States court, when the latter is closed by the exigencies of war, or is without the jurisdiction of the offense committed. † Therefore, Garfield concluded that â€Å"[Milligan] shall not be unlawfully punished . . by the sentence of a tribunal which had no jurisdiction over either their persons or the subject-matter of the charges. † The implications of the Milligan case were substantial. Justice Davis delivered the opinion of the Supreme Court. The decision restricted power of the Executive to establish military tribunals â€Å"in any State or Territory where the courts of the United States are open. † Although Lincoln’s use of tribunals provided legal precedent for the Executive Branch during times of war, the decision in Ex Parte Milligan gave jurisdiction back to the courts. During the war, Lincoln was afforded the opportunity, as Commander in Chief, to do what he thought was necessary to save the nation under â€Å"temporary and exceptional† conditions. However, after the war, the Supreme Court’s decision in Ex Parte Milligan influenced Congress as they â€Å"passed legislation to limit the Court’s jurisdiction to hear cases involving military law. † As a result, â€Å"federal courts became less tolerant of military tribunals that operated without specific statutory authority. This precedent runs counter to the Bush administration as it limits the Executive’s power to adjudicate persons who are not members of the United States military. Despite the implications of the Milligan case, the Bush administration does call upon its own examples of historical precedents which grant the President legitimate authority to establish military tribunals when the conditions are â€Å"temporary and exceptional. † For example, military tribunals were used in the trial of those charged with plotting Lincoln’s assassination. Dr. Samuel A. Mudd was caught setting the broken leg of John Wilkes Booth after Booth shot President Lincoln. Mudd was sentenced to life imprisonment, where he was bound to a ball and chain and forced to perform hard labor. Mudd’s conviction by military tribunal was upheld by a district court in Florida in 1868. Recently, Mudd’s family petitioned for a reconsideration of the case in order to clear Dr. Mudd’s name. However, the Army Board for Correction of Military Records maintains that the conviction was appropriate under military tribunal. In a letter defending his decision in Dr. Mudd’s appeal, Assistant Secretary of the Army, Patrick Henry, explains how Dr. Mudd acted â€Å"as an enemy belligerent by aiding and abetting those who had violated the laws and customs of war. † Assistant Secretary Henry cites Ex Parte Quirin as the most recent precedent which confirms the use of use of tribunals in Mudd’s case. President Bush and his administration frequently refer to Ex Parte Quirin as the best legal precedent which supports the M. O. The court’s decision in Quirin is extremely significant for Bush. Chief Justice Stone delivered the opinion of the Court, which held that â€Å"the military commission was lawfully constituted† and â€Å"that the petitioners are held in lawful custody, for trial before the military commission, and have not shown cause for being discharged by writ of habeas corpus. † The case took place in June, 1942 when eight Nazi German saboteurs came to the United States by submarine â€Å"intent on using explosives against railroads, factories, bridges, and other strategic targets. † President Roosevelt called upon his power as Commander in Chief to issue a proclamation for military tribunals to try the saboteurs. Roosevelt’s use of military tribunals to try the Nazi saboteurs was supported by the Supreme Court and is still used as a precedent today in the war on terror. Roosevelt issued Proclamation 2561 on July 2, 1942, which stated that he was going to establish military tribunals to try the eight German saboteurs â€Å"in accordance with the laws of war. † This is significant because trying the saboteurs under the Articles of War, which were the laws for the military at the time before the UCMJ, would have raised questions with regard to the use of courts-martial as the legal method for adjudication. However, the term â€Å"law of war† refers to international law. Title ten of the United States Code states that â€Å"the provisions of this chapter conferring jurisdiction upon courts-martial do not deprive military commissions, provost courts, or other military tribunals of concurrent jurisdiction with respect to offenders or offenses that by statute or by law of war may be tried by military commissions, provost courts, or other military tribunals. † President Bush utilized the same rhetoric as Roosevelt when he wrote his M. O. , claiming that terrorists are in violation of the â€Å"laws of war† and therefore subject to military tribunals. The Germans involved in Ex Parte Quirin were charged with four crimes: â€Å"one against the â€Å"law of war†, two against the Articles of War, and one involving conspiracy. † After training in Germany, they traveled across the Atlantic Ocean in a submarine with orders to destroy â€Å"strategic targets in the United States. † Their mission was soon compromised, however, when they came ashore on Long Island. Disagreements among the eight man team became a serious problem, as one of the team members, Ernest Peter Burger, explained during the tribunal that â€Å"there was no harmony. There was watching each other. It was no good; the spirit was not there. † Despite being approached by a member of the Coast Guard on the beach, the Germans managed to avoid being apprehended until they were eventually caught by the very determined FBI. At the time, it was assumed by the FBI that the men would be tried in a civil court. But several members of Congress and President Roosevelt demanded a military tribunal. The decision to try the German saboteurs by military tribunal was made for two reasons. The first was that FDR did not want make public how easy it was for the Germans to arrive in America undetected. Using military tribunals would allow the administration to withhold certain details of the case in the name of national security. President Bush uses the same logic in his M. O. by requiring â€Å"a level of secrecy that could include closed trials, unpublicized verdicts and unannounced punishments. † Similarly for Roosevelt, it was extremely important during a time of war to minimize potential publication on the weakness of domestic security. The second reason FDR and several embers of Congress preferred a military tribunal was because it was believed that a civil court or a court martial would limit the desired punishment. Because the men had not actually committed sabotage their chances of being convicted in a civil court were small. In his memoirs titled, â€Å"In Brief Authority,† Attorney General Francis Biddle explains how the eight Nazis would not be subjected to a harsh enough punishment in a civil court â€Å"on the ground that the preparations and landings were not close enough to the planned act of sabotage to constitute attempt. The maximum punishment for conspiracy to commit crimes was only three years. Therefore, Roosevelt wanted to circumvent the civil courts in order to pursue a harsher punishment. He sought the ability to â€Å"devise [his] own procedures, departing from court-martial practice whenever [he] chose to. † Such unilateral, unchecked power is identical to what Bush suggests with his M. O. FDR’s use of military tribunals was accepted at the time because he made it clear that the saboteurs were charged for violating the â€Å"laws of war† rather than the Articles of War. Fisher explains how the distinction between charging the Germans with violating the â€Å"law of war† verses the Articles of War is â€Å"fundamental. † He explains how the Articles of War were created as part of Congress’ constitutional right to â€Å"define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations. † Offenses of the Articles of War were subject to the strict procedure of courts-martial and would not allow for the maximum punishment available. Therefore, in his proclamation on July 2, 1942, FDR gave himself the authority to establish a tribunal as â€Å"President of the United States of America and Commander in Chief of the Army and Navy of the United States, by virtue of the authority vested in [him] by the Constitution and the statutes of the United States. † As such, Roosevelt did not say he had â€Å"inherent or exclusive constitutional authority,† but rather that he â€Å"acted under a mix of constitutional authority afforded to the President and statutory authority granted by Congress. As such, FDR’s authority was upheld in the Supreme Court decision Ex Parte Quirin. In order for FDR to establish military tribunals, the administration first had to prove that Ex Parte Milligan did not apply. Ex Parte Milligan stated that tribunals could not take place in states where the civil courts were still operational. However, Attorney General Biddle argued that Milligan â€Å"should be limited to its part icular circumstances. † In the case of the Nazi saboteurs, Biddle made it clear that the circumstances outlined by FDR demanded a different perspective. He explained to the Supreme Court that â€Å"war today is so swift and so sudden and so universal that it would be absurd to apply doctrine like the doctrine in the Milligan case. † Furthermore, Assistant Solicitor General, Oscar Cox, assured Biddle that â€Å"Ex Parte Milligan . . . did not require a civil trial for enemy aliens who came through the lines out of uniform for the purpose of committing sabotage. † Such was the case in Quirin as the saboteurs changed out of uniform when they arrived in the U. S. Therefore, it did not appear that Ex Parte Milligan was going to prevent the military tribunal from taking place. Ex Parte Quirin occurred as a result of the eight Nazis filing for a writ of habeas corpus upon being detained and subjected to military tribunal. In the Per Curiam dated July 31, 1942, the Supreme Court decided that the President was authorized to issue his proclamation for military tribunals and that â€Å"the military commission was lawfully constituted. † Also, the charges against the Nazis â€Å"allege[d] an offense which the President [was] authorized to order tried before a military commission. It was finally decided that the â€Å"petitioners must be denied access to the courts, both because they are enemy aliens or have entered our territory as enemy belligerents, and because the President’s Proclamation undertakes in terms to deny such access to the class of persons defined by the Proclamation. † The ability to avoid the use of courts-marti al or regular district courts, therefore, was granted because of Roosevelt’s specific citation of the â€Å"laws of war. † President Bush also cited the â€Å"laws of war† in his M. O. , making the precedent of Ex Parte Quirin an important defense for the current administration. The tribunal concluded on August 1, 1942, with each of the eight men sentenced to death. Roosevelt’s proclamation allowed for a two-thirds majority in the ruling of the death penalty, while the Articles of War â€Å"required unanimity for a death penalty. † Despite certain concerns for FDR’s unchecked power, the Supreme Court decided that his actions were â€Å"conferred upon him by Congress. † This may have been due to the fact that FDR’s power as Commander in Chief during a time of war afforded him a certain amount of immunity from Congressional interference. Mostly, the Supreme Court made the distinction between charges against the Articles of War and the â€Å"laws of war. † Another important distinction it made, a distinction which applies to terrorists in Bush’s M. O. , was that between â€Å"lawful combatants (uniformed soldiers) and unlawful combatants (enemies who enter the country in civilian dress). † This was an important issue surrounding the tribunal. Upon arriving on the Long Island beach, the men were in the middle of changing from military uniforms to civilian clothes. Their wearing civilian clothes put them in the category of â€Å"unlawful combatants. According to the United States Supreme Court, being identified as â€Å"unlawful combatants† made the use of a military tribunal and their subsequent death penalties all the more justified. The effect of the decision in Ex Parte Quirin had a lasting impact on the use of military tribunals. The Supreme Court received a great deal of credit for deliberating over the legality of the tribunal. An editorial in the Washington Post stated that, â€Å"Americans can have the satisfaction of knowing that even in a time of great national peril we did not stoop to the practices of our enemies. An article from the New York Times claimed that â€Å"we had to try them because a fair trial for any person accused of crime, however apparent his guilt, is one of the things we defend in this war. † Clearly it was believed that the saboteurs were guilty. Nevertheless, the Supreme Court’s decision to debate the legality of the Quirin sentence was looked upon favorably by the American public. Despite public approval for the decision in Ex Parte Quirin, there were those who argued differently.

Free Essays on Colonialism

More than three decades after most African nations became independent, there is no consensus on the legacy of colonialism. With most African countries still only tottering on their feet and many close to collapse, some people ask whether the problem is due to Africa's colonial experience or inherent adequacies of the African? For apologists of colonialism the answer is simple. Whatever may have been the shortcomings of colonial rule, the overall effect was positive for Africa. Sure, the colonial powers exploited Africa’s natural resources but on the balance, colonialism reduced the economic gap between Africa and the West, the apologists argue. Colonialism laid the seeds of the intellectual and material development in Africans. It brought enlightenment where there was ignorance. It suppressed slavery and other barbaric practices such as pagan worship and cannibalism. Formal education and modern medicine were brought to people who had limited understanding or control of their physical environment. The introduction of modern communications, exportable agricultural crops and some new industries provided a foundation for economic development. Africans received new and more efficient forms of political and economic organisation. Warring communities were united into modern nation-states with greater opportunity of survival in a competitive world than the numerous mini entities that existed before. Africa is in political and economic turmoil today, defenders of imperialism say, because it failed to take advantage of its inheritance from colonial rule. It was, they summarise, Africa’s inadequacies that made colonisation necessary and the outcome of post-independence self-rule suggests that the withdrawal by the colonial powers was premature.... Free Essays on Colonialism Free Essays on Colonialism More than three decades after most African nations became independent, there is no consensus on the legacy of colonialism. With most African countries still only tottering on their feet and many close to collapse, some people ask whether the problem is due to Africa's colonial experience or inherent adequacies of the African? For apologists of colonialism the answer is simple. Whatever may have been the shortcomings of colonial rule, the overall effect was positive for Africa. Sure, the colonial powers exploited Africa’s natural resources but on the balance, colonialism reduced the economic gap between Africa and the West, the apologists argue. Colonialism laid the seeds of the intellectual and material development in Africans. It brought enlightenment where there was ignorance. It suppressed slavery and other barbaric practices such as pagan worship and cannibalism. Formal education and modern medicine were brought to people who had limited understanding or control of their physical environment. The introduction of modern communications, exportable agricultural crops and some new industries provided a foundation for economic development. Africans received new and more efficient forms of political and economic organisation. Warring communities were united into modern nation-states with greater opportunity of survival in a competitive world than the numerous mini entities that existed before. Africa is in political and economic turmoil today, defenders of imperialism say, because it failed to take advantage of its inheritance from colonial rule. It was, they summarise, Africa’s inadequacies that made colonisation necessary and the outcome of post-independence self-rule suggests that the withdrawal by the colonial powers was premature....

History 3a Essay Example | Topics and Well Written Essays - 250 words

History 3a - Essay Example Lastly, another difference between the two revolutions was that American Revolution was against United Kingdom while French revolution focused its attention on French government that was led by King Louis XVI and other different coalitions (Office of Historian, 2012). One of the major similarities of the revolutions is that both revolutions aimed at overthrowing the legitimate monarchs that were governing the countries. In addition, both revolutions were bloody and a lot of people lost their lives during the revolution. Also both revolutions were agitated by people’s suffering that emanated by poor governance from the previous regimes. Therefore, both revolutions were political and social. Both revolutions gained support from each other. France supported Americans through sending troops and intellectuals such as Marquis De Lafayette while Americans sent Thomas Pain to assist in French revolution (Office of Historian, 2012). One of the aspects that gave strength to the slave was the African culture and their identity. As a result, masters ensured that they brainwashed the culture of the slaves through giving them new names and banning any form of cultural activities. Some of the cultural activities that slaves used to come together included African music and Saturday night dances which happened in the woods. In addition, the masters prevented the slaves from gathering an aspect that reduced their bond and strength to resist. Some of the ways that slaves used to resist included breaking of their masters equipments, stealing the masters provisions and use of lies in order to evade hard work. Masters set up stiff penalties to ensure that they curb these methods of resisting (Office of Historian, 2012). Another method that the masters used to prevent slaves from resisting is giving them a lot of workload. This ensured that slaves were always busy an aspect that reduced their free time which could