Ethics in ServiceTaft, William H. (William Howard)
Philosophy
Ethics in Service
Taft, William H. (William Howard)
Legal ethics; Presidents -- United States; United States -- Politics and government
The President has not the power to declare war. Congress has that power;
but if a foreign nation invades our country, the President must, without
awaiting such declaration, resist and use the army and navy for that
purpose. It is, therefore, possible for us to actually get into war
before Congress makes a formal declaration. That is what happened in the
Civil War. The Southern states seceded and Mr. Lincoln had war on his
hands before Congress could declare it. The President thereupon declared
a blockade of the Southern ports and the question then came up as to
whether it was a legal blockade so that prizes might be taken as in a
naval war. Our war vessels had captured merchant vessels trying to run
the blockade, had taken them into prize courts, and had sold them there,
distributing the proceeds among themselves. The owners fought the
proceedings and these suits, called "The Prize Cases," were carried to
the Supreme Court of the United States. The court held that while
Congress under the Constitution had sole power to declare war,
nevertheless, actual war might follow with all its legal consequences if
a nation invaded our country or if such an insurrection arose as that
which had just taken place in the Civil War.
Let me give you an example of presidential authority exercised in
pursuance of his constitutional duty to execute the laws even when
Congress passes no law on the subject-matter. The Canal Zone was
acquired by a treaty with Panama that followed its recognition--a
recognition made with such promptness that it has since attracted some
criticism. Congress passed a law that the President should have power to
govern that country for a year, but failed to renew the grant of power.
The question arose then as to what was to be done in the Canal Zone. A
prior act covering the building of the Panama Canal required the
President to build it through a commission, but that was all. He might
build it anywhere, either in Nicaragua or Panama, but he had no express
governmental power over the Canal territory. He had, however, to see
that the laws were executed, which meant that he must look after every
piece of territory belonging to the United States and safeguard it in
the interest of the people. It seemed to us, therefore, to be within the
executive authority, until Congress should act, to continue the
government of the Zone, maintain courts, execute men who committed
murder, and discharge all the political functions required to constitute
a law-abiding community.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account