National Security Crises and the Expanding American Presidency

Abstract

The Constitution is meant to protect the rights of American citizens, while providing the United States with a strong and responsible government. During times of crisis, the executive branch of the government has often expanded its authority claiming that it requires extra powers to defend the nation. After the September 11 terrorist attacks, the George W. Bush administration expanded executive power and Congress did not object. For example, Congress passed the USA PATRIOT Act and President Bush signed it into law on October 26, 2001, allowing law enforcement agencies to obtain records and conduct surveillance on anyone suspected of terrorism-related acts. The Bush administration was not the first to engage in actions that some would deem to be unconstitutional. During WWI under Woodrow Wilson‟s leadership, the Espionage and Sedition Acts passed, leading to the deportation of thousands of immigrants who spoke out against the government. Franklin Delano Roosevelt‟s administration also expanded presidential powers after the Pearl Harbour attacks by moving approximately 120,000 people of Japanese descent into internment camps after Roosevelt issued Executive Order 9066. The Bush administration continued and extended the practice of previous presidents to expand executive powers by implementing key (and controversial) measures in the wake of September 11 that went unchecked by Congress. The separation of powers has been widely debated in scholarship. Especially during times of crisis, the presidency has expanded its powers. This thesis has two aims: to explore how the separation of powers is often altered during crises through an examination of the Wilson, Roosevelt, and Bush administrations‟ expansion of executive power; and to ascertain how the aforementioned administrations sought to justify their expansion of presidential power. Ultimately, this thesis will argue that the expansion of the powers of the American presidency has occurred in response to “crises,” with a particular focus on the national security crises that occurred during World War I, after Pearl Harbor and following the September 11 terrorist attacks. Key Words: Constitution, September 11, Expansion of executive power, George W. Bush, PATRIOT Act, Woodrow Wilson, Espionage Act, Sedition Act, Franklin Delano Roosevelt, Executive Order 9066, Separation of Powers, National Security Crisis