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What did the US Supreme Court rule on the authority of US President Lincoln to suspend the US Constitution during the US Civil War?
In defense of lawsuits and other challenges to President Lincoln's authority to suspend any part of the US Constitution, his counsel stated that the US president, the Constitution contemplated and tacitly provided that the president should be a dictator and that all or any parts of the US Constitution can be suspended if a president believed the nation was in great danger. On this premise, Lincoln, for all practical purposes believed that his authority as a dictator was proper under the Constitution.The US Supreme Court in a 5 to 4 decision said that Lincoln's actions were in a manner of speaking "OK". The Court did so on narrow grounds and made no attempt to justify Lincoln's idea that allowed a president to make unconstitutional acts constitutional.
However, when a president was acting as commander in chief, a president in the actions required to end an insurrection, any president could decide on his own had wide sweeping authority.
Historians say that President Lincoln understood that any of his "decrees" could be subverted, and kept a careful eye on his subordinates as they enforced his decrees, trying at all times to assure the Congress, the nation and himself, that his suspensions of various constitutional were not abusive.
As it was, keeping tabs on the actions of subordinates was difficult and any number of persons were falsely accused of spying, or committing other acts that they never committed. Abuses did happen,
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Where does the President derive these powers from?
The president gets his authority from the US Constitution as interpreted by the Supreme Court. Conducting foreign policy is one of his duties, to be shared with the US Senate.
What does article two of the US Constitution concern?
Article II of the Constitution addresses the authority of the President and the Executive branch of government. One power assigned the President is the ability to nominate US Supreme Court justices and Article III federal judges, with the "advice and consent" of the Senate.
This phrase explains the authority the president has over the military?
The phrase "commander in chief" is a title which explains the supreme role that a president plays in the military. They have a special command and control over what goes on in the military.
Civil liberty that was suspended by Lincoln in defiance of the constitution and the supreme court?
Habeas Corpus - when he arrested leading Maryland politicians who had Confederate sympathies.
What was the significance of the Marbury v. Madison case in shaping the role of the Supreme Court in interpreting the Constitution?
The Marbury v. Madison case was significant because it established the principle of judicial review, giving the Supreme Court the power to interpret the Constitution and determine the constitutionality of laws passed by Congress. This case helped define the role of the Supreme Court as the final authority on constitutional matters.
Where does the President derive these powers from?
The president gets his authority from the US Constitution as interpreted by the Supreme Court. Conducting foreign policy is one of his duties, to be shared with the US Senate.
Who has the authority to decide if the president's actions exceed the the powers of the executive branch?
supreme court
What is the supreme law of the land having final authority over all else?
The Supreme Law of the Land Is the Constitution. And the Constitution has all the laws In it so it has overall authority.
Why doesn't the US President have the authority to reverse a Supreme Court decision?
The President (Executive Branch) doesn't have the authority to reverse a Supreme Court (Judicial Branch) decision because such action would violate the separation of powers established by the Constitution. If the President had that kind of "veto authority" over a Supreme Court decision he (or she) would effectively control two branches of the government and would be vested with too much power.
Who have final authority to interpret constitution of India?
Supreme Court
When the president consults the supreme Court is he bound by its advice?
No, when the president consults the Supreme Court, he is not bound by its advice. The Supreme Court's role is to interpret the law and the Constitution, while the president has the authority to make decisions based on that advice but is not obligated to follow it. The consultation is typically advisory in nature, and the president retains ultimate decision-making power.
Can Supreme Court remove president?
No, the Supreme Court does not have the authority to remove a president. The process of removal involves impeachment by the House of Representatives and a subsequent trial in the Senate, as outlined in the U.S. Constitution. The Supreme Court's role is to interpret laws and ensure they are applied fairly, but it does not engage in the impeachment process.
What is the ultimate authority on what is or isn't allowed by the constitution?
The US Supreme Court
How did the US Supreme Court's ruling against President Truman and the steel industry lawsuit bring two opposing views of presidential power to the forefront of presidential decrees?
The seizure of the nation's steel mills by President Harry Truman was declared unconstitutional by the US Supreme Court. This decision brought to the forefront two opposing views about the US Constitution. Truman's view was that a president had legal authority, inherent in the Constitution to act on his own to protect the nation. This meant on both international and domestic affairs. President Lincoln used this "authority" many times during the US Civil War. However, the Court saw things differently in Truman's day. In this case, no situation, no matter how dire, can be a cause to violate the Constitution.
By what authority was the US Supreme Court established?
The ratification of the US Constitution in 1789.
Who is the highest judicial authority provided by the Ilinois constitution?
The Illinois Supreme Court
What authority is given to government agencies to interpret the constitution?
Interpretation is left up to the Supreme Court and other lower courts. Agencies have no authority to interpret the Constitution.
