The American Presidency

CONTENTS OF CURRICULUM UNIT 12.03.08

  1. Unit Guide
  1. Overview
  2. Rationale
  3. Objectives
  4. Essential Questions
  5. Background to War Powers
  6. Strategies
  7. Activities
  8. Works Cited
  9. Appendix A
  10. Endnotes

The American President and War Powers: Combatting views

Sonia M. Henze

Published September 2012

Tools for this Unit:

Rationale

This review of American Government content and practice is an attempt to connect the American ideals from ninth grade Civics through eleventh grade U.S. History. Pittsburgh Public students study an introduction to government through a course called Civics: Be The Change. Students have a say in their education by engaging in debates in the classroom. Ninth graders show their knowledge through service projects, volunteer promotions, and roundtable discussions. The PPS Social Studies curricula connects year to year by grouping students and retaining the same teachers for at least two years. This looping program is successful in boosting student achievement through mutual trust and responsibility. This unit reminds students of the separate branches and duties of the federal government in a quick review of the 9th grade Civics topics that are critical for AP U.S. success. The function of the executive branch is a backdrop for a discussion of how power is delegated to the president and how authority is maintained in the federal government. The goal is to interest 11th graders in a more advanced study of American Government and Politics (AP) they can take in 12th grade, with confidence.

This unit fits with the current revisions of the Advanced Placement U.S. History course by the College Board. I will start my class by introducing various interpretations of the modern presidency. By posing questions on the constitutionality of the presidential war powers, students will practice critical thinking skills, develop writing at the AP level, and express their points of view through oral arguments. This unit is also geared toward boosting minority achievement within the class and on the AP U.S. History exam. When students ask questions around documents and seek answers of their peers, they begin to function at a college level. With an understanding of American Constitutional ideals, and the ability to recognize how they are practiced, students are better able to work their way through standardized exams. I have found working with documents promotes student achievement at a faster rate than just sticking to the textbook.

My students will have completed a close examination of the Federalist and Anti-Federalist papers in a prior unit where they explore problems with the Articles of Confederation and debate if the U.S. Constitution should be ratified in 1787 or rewritten to include the Bill of Rights before final acceptance. This unit may review some of the language of Federalist 67, 69, 74 and 75 in limited detail. Students should have a general understanding of the balance of power so they can question how and why it has expanded.

It is often taught that members of the constitutional convention debated whether the U.S. should have a standing army. Some Founders feared that maintaining a large army would drain resources and the new America would the same problems the British had with the colonies. Others worried that a powerful military could rival civilian governments, and some feared having a standing army would prompt us to use it. What gets little attention in High School American History is the management of the U.S. military and the consequences of these actions on the three branches of government.

When I began this unit, I started with a belief in the presidential prerogative; the president can do what he thinks is best for the nation. After all, he is the president! My research has guided me to a wealth of government documents surrounding the president's decision to send troops to protect Americans domestically and abroad. The rationale behind these decisions is more telling of the American political system than the executive merely exercising his power as commander in chief.

Why Should Students Care About Presidential War Powers?

On March 19, 2011 President Obama acted as Commander in Chief by sending the U.S. Military to engage in Allied air strikes against Libya. Reports said over 100 Tomahawk missiles were fired at targets in Libya while 11 U.S. Navy ships lined the coast. The Pentagon claimed the operation was to enforce the UN no-fly zone and support NATO agreements. The press coverage that followed read like a lesson in Constitutional Law. A reporter for the Boson Globe claimed the president needed Congressional approval before acting, while a team from the Washington Post claimed he could act alone. 6

Supporters of President Obama say he was within the realm of the executive duties as prescribed in Article II of the U.S. Constitution by acting as Commander in Chief. Critics argue he unlawfully expanded the executive branch by usurping the power of Congress to "make war" which is clearly delineated to the legislature in Article I. (The Activities section of this unit includes an exercise with president Obama's speech.)

This debate over the use of war powers by the executive has been an important part of American foreign policy in recent years. The understanding of most Social Studies texts is that the presidential power is limited, or necessarily "checked." "The president and the military forces under his command, could employ troops and ships only in cases of emergency, to repeal foreign invasion as a defensive measure to protect American citizens and property abroad." 7 This unit attempts to clarify the debate concerning presidential power in a way that will allow students to question authority in an academic arena and draw their own conclusions about the American Presidency.

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