Almost certainly the most compelling outcome of the recent election has been, and will continue to be, a renewed discussion concerning the relative powers of the two elected branches during a time of war--albeit one as undefinined as the war on terror.
This will provide us a good opportunity to explore a continued theme of both 2301 and 2302--the checks and balances designed to reinforce the system of separated powers. What are the roles of the separate branches and how are the powers of each meant to stymie the tyrannical impulses of the other?
The president had two factors in his favor that allowed him extraordinary executive power after 9/11, united public opinion and a Congress dominated by his own party (though control of the Senate was somewhat in flux until the 2002 elections). Critics suggest that he, and those around him, used this opportunity to forge a vision of executive power beyond what was intended by the founders of the country, supporters say that they increase in power was just the type of leadership the executive was intended to have during a time of crisis. (Read the Wikipedia enrty on Unitary Executive Theory, and this critique from FindLaw.com for background).
Neither factor is in his favor now.
Public opinion is now split. The support he had among his normal opposition (Democrats and liberals) evaporated long ago and his party lost control of both the House and Senate in the past election. Instead of a Congress willing to rubber stamp his actions, he is likely to face increased criticism as well as efforts to limit his power--or at least be held accountable for past decisions.
We will discuss the merit of this effort over the course of this semester. Critics will claim that it will weaken the ability of the president to provide the security necessary to protect the country from its enemies (which is his job of course) and supporters will argue that it will not, and that the current president is expanding presidential powers far beyond what was intended by the country's founders. The Constitution aims to prevent tyranny, not facilitate it.
Be prepared to discuss.
