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Athena Parthenos
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Tetradrachm of Athens, 126-125 BC, real head of sculpture Athena Parthenos by Phidias
The Varvakeion Athena reflects the type of the restored Athena Parthenos: Roman period, 2nd century CE (National Archaeological Museum of Athens).
Athena Parthenos (Ancient Greek: Ἀθηνᾶ Παρθένος; literally, "Athena the Virgin") is a lost massive chryselephantine (gold and ivory) sculpture of the Greek goddess Athena, made by Phidias and his assistants and housed in the Parthenon in Athens. Despite the dynamic architectural characteristics of the Parthenon, the statue of Athena was designed to be the focal point.[1] Its epithet was an essential character of the goddess herself. A number of replicas and works inspired by it, both ancient and modern, have been made.
It was the most renowned cult image of Athens,[note 1] considered one of the greatest achievements of the most acclaimed sculptor of ancient Greece. Phidias began his work around 447 BC.[note 2] Lachares removed the gold sheets in 296 BC to pay his troops, and the bronze replacements for them were probably gilded thereafter; it was damaged by a fire about 165 BC but repaired.[2] It continued to stand in the Parthenon in the 5th century AD, when it was removed by the Romans[citation needed]. An account mentions it in Constantinople in the 10th century.[3]
Contents
[hide]
1 Description
2 Ancient copies
3 Replica at Nashville
4 References
5 Further reading
6 External links
Description[edit]
An illustration of Athena Parthenos
The ancient historian Pausanias gave a description of the statue:
...The statue is created with ivory and gold. On the middle of her helmet is likeness of the Sphinx ... and on either side of the helmet are griffins in relief. ... The statue of Athena is upright, with a tunic reaching to the feet, and on her breast the head of Medusa is worked in ivory. She holds a statue of Victory that is approx. Four cubits high, and in the other hand a spear; at her feet lies a shield and near the spear is a serpent. This serpent would be Erichthonius. On the pedestal is the birth of Pandora in relief.[4]
Account of the construction of Athena Parthenos by Phidias
The general appearance of the Athena Parthenos, although not its characteristics and quality, can be assessed from its image on coins[5] from its reproductions as miniature sculptures, as votive objects, and in representations on engraved gems.[6]
This statue is a depiction of Athena after winning a combat. With her left hand she supports a shield with carvings of an Athenian battle against the Amazons. On her right, rests the winged Goddess of victory Nike.[7] Her left knee is slightly bent, her weight slightly shifted to her right leg. Her peplos is cinched at the waist by a pair of serpents, whose tails entwine at the back. Locks of hair trail onto the goddess's breastplate. The Nike on her outstretched right hand is winged; whether there was a support under it in Phidias' original has been much discussed;[8] evidence in surviving versions is contradictory. The exact position of Athena's spear, often omitted, is also not fully determined, whether held in the crook of Athena's right arm or supported by one of the snakes in the aegis, as N. Leipen restores it,[9] following the "Aspasios" gem.
The statue was 26 cubits (around 11.5 m (37 ft 9 in)) tall and stood on a pedestal measuring 4 by 8 metres.[10] The sculpture was assembled on a wooden core, covered with shaped bronze plates covered in turn with removable gold plates, save for the ivory surfaces of the goddess's face and arms; the gold weighed 44 talents, the equivalent of about 1,100 kilograms (2,400 lb); the Athena Parthenos embodied a sizeable part of the treasury of Athens.[11]
According to Ian Jenkins in The Parthenon and Its Sculpturees "Athena was portrayed as a warrior resting after successful combat. A figure of winged victory alighted on the palm of her outstretched right hand, while her left hand supported a round shield. A spear rested against her left shoulder. The goddess was draped in the simplest form of tunic, the peplos, her shoulders and chest hung with the aegis, the snake fringed, fish-sealed poncho that had been the gift of her father Zeus and had protective powers" (p.82). [12]
Ancient copies[edit]
Plaster cast of the British Museum's 3rd-century CE Roman marble Strangford Shield (Pushkin Museum)
A number of ancient reproductions of all or part of the statue have survived.
The Varvakeion Athena, a 3rd-century CE Roman copy in marble is housed in the National Archaeological Museum of Athens. This is generally considered the most faithful version.
The Lenormant Athena, an unfinished 2nd to 3rd century copy, is also in the National Museum, Athens.
Another copy is housed in the Louvre.[13]
Another copy is in the Museo Nazionale Romano in Rome.
A 3rd-century BC copy is housed in the National Museum of Serbia in Belgrade.[14]
A 3rd-century BC Roman marble reduced-scale copy of the statue's shield, from the Strangford Collection, is conserved at the British Museum.[15]
Replica at Nashville[edit]
Sculptor Alan LeQuire painting the detail of the Athena Parthenos replica during the gilding phase
A modern copy by Alan LeQuire stands in the reproduction of the Parthenon in Nashville, Tennessee.[16] LeQuire, a Nashville native, was awarded the commission to produce the Parthenon's cult statue. His work was modeled on descriptions given of the original. The modern version took eight years to complete, and was unveiled to the public on May 20, 1990.
The modern version of Athena Parthenos is significant because of its scale and its attention to recreating Phidias' work. Interestingly enough, historians remain unsure whether or not Phidias himself actually deserves credit for the design and sculpture of the Parthenon, since during the creation Phidias' location was unknown. [17] The statue adds an additional dimension of realism to the replicated Parthenon, whose interior east room (the naos) was merely a large empty hall prior to the statue's unveiling. The reproduced Athena Parthenos gives visitors the impression that they truly are inside an ancient place of worship.
The Nashville Athena Parthenos is made of a composite of gypsum cement and ground fiberglass. The head of Athena was assembled over an aluminum armature, and the lower part was made in steel. The four ten-inch H beams rest on a concrete structure that extends through the Parthenon floor and basement down to bedrock, to support the great weight of the statue. LeQuire made each of the 180 cast gypsum panels used to create the statue light enough to be lifted by one person and attached to the steel armature.
Nashville's Athena stands 41 ft 10 in (12.75 m) tall, making her the largest piece of indoor sculpture in the Western World.[18] It stood in Nashville's Parthenon as a plain, white statue for twelve years. In 2002, Parthenon volunteers gilded Athena under the supervision of master gilder Lou Reed. The gilding project took less than four months and makes the modern statue appear that much more like the way that Phidias' Athena Parthenos would have appeared during its time. The 23.75-karat gold leaf on Nashville's Athena Parthenos weighs a total of 8.5 pounds (3.9 kg) and is one-third the thickness of tissue paper.[citation needed] The modern extravagance of gilding such a large statue pales in comparison to the lavish spending of the Greeks.
References[edit]
Notes
Jump up ^ The Athena Parthenos was featured on contemporary reliefs commemorating Athenian treaties and for the next century and a half on coins of Hellenistic monarchs avid to proclaim their Hellenic connections, see Hector Williams, "An Athena Parthenos from Cilicia" Anatolian Studies 27 (1977, pp. 105-110), p 108f.
Jump up ^ Andrew Stewart gives 446.[citation needed]
Citations
Jump up ^ "Athena Parthenos by Phidias". Ancient History Encyclopedia. Retrieved 2017-09-28.
Jump up ^ Dinsmoor, William Bell (1934), "The repair of the Athena Parthenos: a story of five dowels", American Journal of Archaeology, 38 (1): 93–106, doi:10.2307/498935, JSTOR 498935
Jump up ^ Gisela Richter, Sculpture and Sculptors of the Greeks, p 220 with ancient references, noted by Gorham P. Stevens, "Concerning the Parthenos" Hesperia 30.1 (January 1961, pp. 1-7) p. 2.
Jump up ^ Pausanias, Description of ancient Greece (PDF), 1 (24), pp. 123–25
Jump up ^ L. Lacroix Les reproductions des statues sur les monnaies gracques (Liège) 1949, pp 266-81.
Jump up ^ Leipen 1971.
Jump up ^ Osborne, Robin. Archaic and Classical Greek Art. p. 82.
Jump up ^ Gisela Richter decided there was not and summarized the discussion in "Was there a vertical support under the Nike of the Athena Parthenos?" Studi in onore... Calderini e Paribeni (Milan) 1956, pp 147-54.
Jump up ^ Leipen 1971:29.
Jump up ^ "Athena Parthenos by Pheidias". Ancient History Encyclopedia. Retrieved 2017-02-24.
Jump up ^ Eddy, Samuel (1977), "The gold in the Athena Parthenos", American Journal of Archaeology, 81 (1): 107–11, doi:10.2307/503656, JSTOR 503656
Jump up ^ Jenkins, Ian (2007). The Parthenon Sculptures. Harvard University Press. pp. 82–82.
Jump up ^ "Louvre Museum Official Website". Cartelen.louvre.fr. Retrieved 2015-09-05.
Jump up ^ "Athena Parthenos of Belgrade". National Museum of Serbia.
Jump up ^ "Fragment of a marble shield". British Museum. 2015-03-20. Retrieved 2015-09-05.
Jump up ^ "Athena". Metro Government of Nashville & Davidson County. Tennessee. Retrieved February 9, 2018.
Jump up ^ Spivey, Nigel Jonathan (1996). "In Search of Pheidias". Understanding Greek Sculpture. Thames and Hudson. pp. 152–171. ISBN 9780500237106.
Jump up ^ Melton, J. Gordon; Baumann, Martin (September 21, 2010). Religions of the World: A Comprehensive Encyclopedia of Beliefs and Practices (2nd ed.). Santa Barbara, California: ABC-CLIO. p. 234. ISBN 159884203X.
Library resources about
Athena Parthenos
Online books
Resources in your library
Resources in other libraries
Further reading[edit]
Bruno, Vincent J., ed. 1974. The Parthenon. New York: Norton.
Cosmopoulos, Michael B., ed. 2004. The Parthenon and its sculptures. New York: Cambridge Univ. Press.
Harris, Diane. 1995. The treasures of the Parthenon and Erechtheion. Oxford: Clarendon.
Neils, Jenifer, ed. 1996. Worshipping Athena: Panathenaia and Parthenon. Madison: Univ. of Wisconsin Press.
--. 2005. The Parthenon from Antiquity to the present. New York: Cambridge Univ. Press.
Pollitt, J. J., ed. and trans. 1990. The art of ancient Greece: Sources and documents. New York: Cambridge Univ. Press.
External links[edit]
Colin Delaney, "Pheidias, Sculptor to the Gods"
Alan LeQuire Page
Nashville Parthenon
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text:
Compromise of 1850
From Wikipedia, the free encyclopedia
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Before the compromise:
(Gold Rush) California applies to become a free state
Texas claims territory as far as the Rio Grande
New Mexico resists Texas, applies to become a free state
Territorial results of the Compromise:
California is admitted as a free state
Texas trades some territorial claims for debt relief
New Mexico becomes New Mexico Territory with slavery undecided
The Compromise of 1850 was a package of five separate bills passed by the United States Congress in September 1850, which defused a four-year political confrontation between slave and free states on the status of territories acquired during the Mexican–American War (1846–1848). The compromise, drafted by Whig Senator Henry Clay of Kentucky and brokered by Clay and Democratic Senator Stephen Douglas of Illinois, reduced sectional conflict. Controversy arose over the Fugitive Slave provision. The Compromise was greeted with relief, but each side disapproved of some of its specific provisions:
Texas surrendered its claim to New Mexico as well as its claims north of 36°30'. It retained the Texas Panhandle, and the federal government took over the state's public debt.
California was admitted as a free state, with its current boundaries.
The South prevented adoption of the Wilmot Proviso that would have outlawed slavery in the new territories,[1] and the new Utah Territory and New Mexico Territory were allowed, under popular sovereignty, to decide whether to allow slavery within their borders. In practice, these lands were generally unsuited to plantation agriculture, and their settlers were uninterested in slavery.
The slave trade, but not slavery altogether, was banned in the District of Columbia.
A more stringent Fugitive Slave Law was enacted.
The Compromise became possible after the sudden death of President Zachary Taylor, who, although a slave owner, wanted to exclude slavery from the Southwest. Whig leader Henry Clay designed a compromise, which failed to pass in early 1850 because of opposition by both pro-slavery southern Democrats, led by John C. Calhoun, and anti-slavery northern Whigs. Upon Clay's instruction, Douglas then divided Clay's bill into several smaller pieces and narrowly won their passage, over the opposition of radicals on both sides.
Contents
1 Background
2 Various proposals
2.1 Final proposed compromise
3 Division of Whigs
4 Debate and results
5 Implications
6 Issues
6.1 Texas
6.2 New Mexico and Utah Territories
6.3 California
6.4 Fugitive Slave Law
6.5 End of slave trade in District of Columbia
7 See also
8 References
9 Sources
10 External links
Background[edit]
Free states in early 1850
Slave states (without Texas' claims to New Mexico)
Territories (later state borders, Gadsden Purchase)
Missouri Compromise Line 36°30'
Soon after the start of the Mexican War, when the extent of the contested territories was still unclear, the question of whether to allow slavery in those territories polarized the Northern and the Southern United States in the most bitter sectional conflict until then. A state the size of Texas attracted interest from both state residents and pro-slavery and anti-slavery camps on a national scale. Texas claimed land north of the 36°30' demarcation line for slavery, set by the 1820 Missouri Compromise.
The Texas Annexation resolution had required that if any new states were formed out of Texas' lands, those north of the Missouri Compromise line would become free states.[2]
According to historian Mark Stegmaier, "The Fugitive Slave Act, the abolition of the slave trade in the District of Columbia, the admission of California as a free state, and even the application of the formula of popular sovereignty to the territories were all less important than the least remembered component of the Compromise of 1850—the statute by which Texas relinquished its claims to much of New Mexico in return for federal assumption of the debts."[3]
Stegmaier also refers to "the principal Southern demand for a division of California at the line of 35° north latitude" and says that "Southern extremists made clear that a congressionally mandated division of California figured uppermost on their agenda."[4]
During the deadlock of four years, the Second Party System broke up, Mormon pioneers settled Utah, the California Gold Rush settled northern California, and New Mexico under a federal military government turned back Texas's attempt to assert control over territory Texas claimed as far west as the Rio Grande. The eventual compromise preserved the Union but only for another decade.
Various proposals[edit]
This section needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. (January 2013) (Learn how and when to remove this template message)
Events leading to
the American Civil War
Slavery
Northwest Ordinance
Kentucky and Virginia Resolutions
Battle of Negro Fort
Missouri Compromise
Tariff of 1828
Nat Turner's slave rebellion
Nullification Crisis
The Amistad
Prigg v. Pennsylvania
Texas annexation
Mexican–American War
Wilmot Proviso
Manifest destiny
Underground Railroad
Nashville Convention
Compromise of 1850
Fugitive Slave Act of 1850
Uncle Tom's Cabin
Kansas–Nebraska Act
Ostend Manifesto
Bleeding Kansas
Caning of Charles Sumner
Dred Scott v. Sandford
The Impending Crisis of the South
Brown's raid on Harpers Ferry
1860 presidential election
Crittenden Compromise
Secession of Southern States
Star of the West
Corwin Amendment
Morrill Tariff
Battle of Fort Sumter
v
t
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Proposals in 1846 to 1850 on the division of the Southwest included the following:
The Wilmot Proviso banning slavery in any new territory to be acquired from Mexico, not including Texas, which had been annexed the previous year. It passed the House in August 1846 and February 1847 but not the Senate. Later, an effort failed to attach the proviso to the Treaty of Guadalupe Hidalgo.
The Extension of the Missouri Compromise line was proposed by failed amendments to the Wilmot Proviso by William W. Wick and then Stephen Douglas to extend the Missouri Compromise line (36°30' parallel north) west to the Pacific (south of Carmel-by-the-Sea, California) to allow the possibility of slavery in most of present-day New Mexico and Arizona, and Southern California. That line was again proposed by the Nashville Convention of June 1850.
Popular sovereignty, developed by Lewis Cass and Douglas as the position of the Democratic Party, was to let each territory decide itself whether to allow slavery.
William L. Yancey's "Alabama Platform", endorsed by the Alabama and the Georgia legislatures and by Democratic state conventions in Florida and Virginia, called for no restrictions on slavery in the territories by the federal government or territorial governments before statehood, opposition to any candidates supporting either the Wilmot Proviso or popular sovereignty, and federal legislation to overrule Mexican anti-slavery laws.
Two free states were proposed by Zachary Taylor, who served as President from March 1849 to July 1850. As President, he proposed that the entire area become two free states, called California and New Mexico but much larger than the ones today. None of the area would be left as an unorganized or organized territory, which would avoid the question of slavery in the territories.
Changing Texas's borders was proposed by Senator Thomas Hart Benton in December 1849 or January 1850. Texas's western and northern boundaries would be the 102nd meridian west and the 34th parallel north.
Two southern states were proposed by Senator John Bell, with the assent of Texas, in February 1850. New Mexico would get all Texas land north of the 34th parallel north, including today's Texas Panhandle, while the area to the south, including the southeastern part of today's New Mexico, would be divided at the Colorado River of Texas into two Southern states, balancing the admission of California and New Mexico as free states.[5]
The first draft of the compromise of 1850 had Texas's northwestern boundary be a straight, diagonal line from the Rio Grande 20 miles north of El Paso to the Red River (Mississippi watershed) at the 100th meridian west, the southwestern corner of today's Oklahoma.
Final proposed compromise[edit]
"The United States Senate, A.D. 1850" (engraving by Peter F. Rothermel):
Henry Clay takes the floor of the Old Senate Chamber; Vice President Millard Fillmore presides as John C. Calhoun (to the right of the Speaker's chair) and Daniel Webster (seated to the left of Clay) look on.
On January 29, 1850, Whig Senator Henry Clay gave a speech for compromise on the issues dividing the Union. However, Clay's specific proposals for achieving a compromise, including his idea for Texas's boundary, were not adopted in a single bill.[6] Upon Clay's urging, Senator Stephen A. Douglas, Democrat of Illinois, divided Clay's bill into several smaller bills and passed each separately. When he instructed Douglas, Clay was nearly dead and unable to guide the congressional debate any further. The Compromise came to coalesce around a plan dividing Texas at its present-day boundaries, creating territorial governments with "popular sovereignty", without the Wilmot Proviso, for New Mexico and Utah, admitting California as a free state, abolishing the slave trade in the District of Columbia, and enacting a new fugitive slave law.
The Compromise of 1850 was formally proposed by Clay and guided to passage by Douglas over Northern Whig and Southern Democrat opposition. It was enacted September 1850 with the following terms:
California admitted as a free state.
Utah Territory and New Mexico Territory organized with slavery to be decided by popular sovereignty.
Texas dropped its claim to land north of the 32nd parallel north and west of the 103rd meridian west in favor of New Mexico Territory, and north of the 36°30' parallel north and east of the 103rd meridian west which became unorganized territory. Texas's boundaries were set at their present form. Senator James Pearce of Maryland drafted the final proposal[7] in which Texas ceded its claims to land which later became half of present-day New Mexico, a third of Colorado, and small portions of Kansas, Oklahoma, and Wyoming to the federal government, in return for the assumption of $10 million of the old republic's debt.[8][9] El Paso, where Texas had established county government, was left in Texas.
Slave trade was abolished in the District of Columbia but not slavery itself.
The Fugitive Slave Act was strengthened.
Division of Whigs[edit]
Most Northern Whigs, led by William Henry Seward, who delivered his famous "Higher Law" speech during the controversy, opposed the Compromise as well because it would apply the Wilmot Proviso to the western territories and because of the pressing of ordinary citizens into duty on slave-hunting patrols. That provision was inserted by Democratic Virginia Senator James M. Mason to entice border-state Whigs, who faced the greatest danger of losing slaves as fugitives but were lukewarm on general sectional issues related to the South on Texas's land claims.[10]
Zachary Taylor avoided the issue as the Whig candidate during the 1848 US presidential election but then as President, he attempted to sidestep the entire controversy by pushing to admit California and New Mexico as free states immediately to avoid the entire territorial process and the Wilmot Proviso question. Taylor was one of the few Southerners to support that idea.[11]
Northern Democrats and Southern Whigs supported the Compromise. Southern Whigs, many of whom were from the border states, supported the stronger fugitive slave law.
Debate and results[edit]
An animation showing slave and free states and territories, 1789–1861
On April 17, a "Committee of Thirteen" agreed on the border of Texas as part of Clay's plan. The dimensions were later changed. That same day, during debates on the measures in the Senate, Vice President Fillmore and Senator Benton verbally sparred, with Fillmore charging that the Missourian was "out of order." During the heated debates, Compromise floor leader Henry S. Foote of Mississippi drew a pistol on Benton.
In early June, nine slaveholding Southern states sent delegates to the Nashville Convention to determine their course of action if the compromise passed. While some delegates preached secession, the moderates ruled and proposed a series of compromises, including extending the dividing line designated by the Missouri Compromise of 1820 to the Pacific Coast.
The various bills were initially combined into one "omnibus" bill. Despite Clay's efforts, it failed in a crucial vote on July 31, opposed by southern Democrats and by northern Whigs. He announced on the Senate floor the next day that he intended to pass each individual part of the bill. The 73-year-old Clay, however, was physically exhausted as the effects of tuberculosis, which would eventually kill him, began to take their toll. Clay left the Senate to recuperate in Newport, Rhode Island, and Stephen A. Douglas wrote the separate bills and guided them through the Senate.[12]
The situation had been changed by the sudden death of Taylor and the accession of Vice President Millard Fillmore to the presidency, on July 9, 1850. Fillmore, anxious to find a quick solution to the conflict in Texas over the border with New Mexico, which threatened to become armed conflict between Texas militia and the federal soldiers, reversed the administration's position late in July and threw its support to the compromise measures.[13] The Northern Democrats held together and supported each of the bills and gained enough Whigs or Southern Democrats to pass all of them. They were signed by Fillmore between September 9 and September 20, 1850.
California was admitted as a free state. It passed the House 150–56.[14][15] It passed the Senate 34–18.[16]
The slave trade was abolished (the sale of slaves, not the institution of slavery) in the District of Columbia.
The Territory of Utah was organized under the rule of popular sovereignty. It passed the House 97–85.[17]
The Territory of New Mexico was organized under the rule of popular sovereignty. It passed the House 108–97.[18] It passed the Senate 30–20.[19]
A harsher Fugitive Slave Act was passed by the Senate 27–12,[20] and by the House 109–76.[21]
Texas gave up much of the western land it claimed and received compensation of $10,000,000 to pay off its national debt.
Clay was still given much of the credit for success. It quieted the controversy between Northerners and Southerners over the expansion of slavery and delayed secession and civil war for another decade. Senator Henry S. Foote of Mississippi, who had suggested the creation of the Committee of Thirteen, later said, "Had there been one such man in the Congress of the United States as Henry Clay in 1860–'61 there would, I feel sure, have been no civil war."[22]
Implications[edit]
Map of free and slave states c. 1856
The Compromise proved widely popular politically, and both parties committed themselves in their platforms to the finality of the Compromise on sectional issues. The strongest opposition in the South occurred in the states of South Carolina, Georgia, Alabama, and Mississippi, but Unionists soon prevailed, spearheaded by Georgians Alexander Stephens, Robert Toombs, and Howell Cobb and the creation of the Georgia Platform. The peace was broken only by the divisive Kansas–Nebraska Act of 1854 introduced by Stephen Douglas, which had the effect of repealing the Missouri Compromise and led directly to the formation of the Republican Party, whose capture of the national government in 1860 led directly to the secession crisis of 1860–1861.
Many historians argue that the Compromise played a major role in postponing the American Civil War for a decade, while the Northwest was growing more wealthy and more populous and was being brought into closer relations with the Northeast.[23] During that decade, the Whig Party had completely broken down, to be replaced with the new Republican Party dominant in the North and the Democrats in the South.[24]
Others argue that the Compromise only made more obvious the pre-existing sectional divisions and laid the groundwork for future conflict. They view the Fugitive Slave Law as helping to polarize the US, as shown in the enormous reaction to Harriet Beecher Stowe's novel Uncle Tom's Cabin. The passage of the Fugitive Slave Law aroused feelings of bitterness in the North. Furthermore, the Compromise of 1850 led to a breakdown in the spirit of compromise in the United States in the antebellum period, directly before the Civil War. The Compromise exemplifies that spirit, but the deaths of influential senators who worked on the compromise, primarily Henry Clay and Daniel Webster, contributed to the feeling of increasing disparity between the North and South.
The delay of hostilities for ten years allowed the free economy of the northern states to continue to industrialize. The southern states, largely based on slave labor and cash crop production, lacked the ability to industrialize heavily.[25] By 1860, the northern states had added many more miles of railroad, steel production, modern factories, and population to the advantages already possessed in 1850. The North was better able to supply, equip, and man its armed forces, which would prove decisive in the later stages of the war.
Issues[edit]
Three major types of issues were addressed by the Compromise of 1850: a variety of boundary issues, the status of territory issues, and the issue of slavery. While capable of analytical distinction, the boundary and territory issues were actually included in the overarching issue of slavery. Pro-slavery and anti-slavery interests were each concerned with both the amount of land on which slavery was permitted and with the number of States in the slave or free camps. Since Texas was a slave state, not only the residents of that state but also both camps on a national scale had an interest in the size of Texas.
The general solution that was adopted by the Compromise of 1850 was to transfer a considerable part of the territory claimed by the state to the federal government; to organize two new territories formally, the Territory of New Mexico and the Territory of Utah, which expressly would be allowed to locally determine whether they would become slave or free territories, to add another free state to the Union (California), to adopt a severe measure to recover slaves who had escaped to a free state or free territory (the Fugitive Slave Law); and to abolish the slave trade in the District of Columbia.
Texas[edit]
Proposals for Texas northwestern boundary
The independent Republic of Texas won the decisive Battle of San Jacinto (April 21, 1836) against Mexico and captured Mexican president Antonio Lopez de Santa Anna. He signed the Treaties of Velasco, which recognized the Rio Grande as the boundary of the Republic of Texas. The treaties were then repudiated by the government of Mexico, which insisted that it was sovereign over Texas and promised to reclaim the lost territories. To the extent that there was a de facto recognition, Mexico treated the Nueces River as its northern boundary control. A vast, largely-unsettled area was between the two rivers. Neither Mexico nor the Republic of Texas had the military strength to assert its territorial claim. On December 29, 1845, the Republic of Texas was annexed to the United States and became the 28th state. Texas was staunchly committed to slavery, with its constitution making it illegal for the legislature to free slaves. With the annexation, the United States inherited the territorial claims of the former Republic of Texas against Mexico. The territorial claim to the area between the Nueces River and the Rio Grande and Mexican resistance to it both led to the Mexican–American War. On February 2, 1848, the war was concluded by the Treaty of Guadalupe Hidalgo.
Among its provisos was the recognition by Mexico of the area between the Nueces River and the Rio Grande as part of the United States.
The Republic of Texas had claimed ownership of the eastern half of present-day New Mexico, along with sections of Colorado, Kansas, and Wyoming, but Texas had never effectively controlled the area, which was dominated by hostile Indian tribes (see Comancheria). However, the federal government now controlled the area after 1846. The Compromise of 1850 solved the problem by setting the present boundaries of Texas, in return for $10 million in federal bonds paid to the State of Texas.[26]
The state was heavily burdened with debt, which had been contracted during its struggles as the Republic of Texas. The federal government agreed to pay $10 million of bonds in return for the transfer of a large portion of the claimed area of the state to the territory of the federal government and the relinquishment of various claims of Texas had on the federal government. (The bonds bore interest at the rate of 5%, which was collectible by Texas every six months, and the principal was redeemable at the end of fourteen years.)[27]
The Constitution (Article IV, Section 3) does not permit Congress unilaterally to reduce the territory of any state, so the first part of the Compromise of 1850 had to take the form of an offer to the Texas State Legislature, rather than a unilateral enactment. This ratified the bargain and, in due course, the transfer of a broad swath of land from the state of Texas to the federal government was accomplished.
Texas was allowed to keep the following portions of the disputed land: south of the 32nd parallel and south of the 36°30' parallel north and east of the 103rd meridian west. The rest of the disputed land was transferred to the Federal Government.
New Mexico and Utah Territories[edit]
New Mexico proposed boundary before Compromise of 1850
The Utah Territory is shown in blue and outlined in black. The boundaries of the provisional State of Deseret are shown with a dotted line.
The first law of the Compromise of 1850 also organized the Territory of New Mexico. The second law, also enacted September 9, 1850, organized the Territory of Utah.
Some of the land had been claimed by the Republic of Texas. The Treaty of Guadalupe Hidalgo made no mention of the claims of the Republic of Texas; Mexico simply agreed to a Mexico-U.S. border south of both the "Mexican Cession" and the Republic of Texas claims.[28] Before the Compromise of 1850, the disputed land had been claimed but never controlled by the state of Texas. Of importance in 1850 was land included in present-day eastern New Mexico.
From the Mexican Cession, the New Mexico Territory received most of the present-day state of Arizona, most of the western part of the present-day state of New Mexico, and the southern tip of present-day Nevada (south of the 37th parallel). From Texas, the territory received most of present-day eastern New Mexico, a portion of present-day Colorado (east of the crest of the Rocky Mountains, west of the 103rd meridian, and south of the 38th parallel).
From the Mexican Cession, the Utah Territory received present-day Utah, most of present-day Nevada (everything north of the 37th parallel), a major part of present-day Colorado (everything west of the crest of the Rocky Mountains), and a small part of present-day Wyoming. That included the newly founded colony at Salt Lake, of Brigham Young. From Texas, the Utah Territory received most of present-day eastern New Mexico and some of present-day Colorado that is east of the crest of the Rocky Mountains.
A key provision of each of the laws respectively organizing the Territory of New Mexico and the Territory of Utah was that slavery would be decided by local option, called popular sovereignty. That was an important repudiation of the idea behind the failure to prohibit slavery in any territory acquired from Mexico.
California[edit]
Map of Mexico. S. Augustus Mitchell, Philadelphia, 1847. New California is depicted with a northeastern border at the meridian leading north of the Rio Grande headwaters.
California was part the Mexican Cession. After the Mexican War, California was essentially run by military governors. President James K. Polk tried to get Congress to establish a territorial government in California officially, but the increasingly-sectional debates prevented that.[29] The South wanted to extend slave territory to Southern California and to the Pacific Coast, but the North did not.
From late 1848, Americans and foreigners of many different countries rushed into California for the California Gold Rush, exponentially increasing the population. In response to growing demand for a better more representative government, a Constitutional Convention was held in 1849. The delegates unanimously outlawed slavery. They had no interest in extending the Missouri Compromise Line through California and splitting the state; the lightly-populated southern half never had slavery and was heavily Hispanic.[30]
The third statute of the Compromise of 1850 allowed California to be admitted to the Union, undivided, as a free state on September 9, 1850.[31]
Fugitive Slave Law[edit]
The fourth statute of the Compromise of 1850, enacted September 18, 1850, is informally known as the Fugitive Slave Law, or the Fugitive Slave Act. It bolstered the Fugitive Slave Act of 1793. The new version of the Fugitive Slave Law required federal judicial officials in all states and federal territories, including in those states and territories in which slavery was prohibited, to assist with the return of escaped slaves to their masters actively in the states and territories permitting slavery. Any federal marshal or other official who did not arrest an alleged runaway slave was liable to a fine of $1000. Law enforcement everywhere in the US had a duty to arrest anyone suspected of being a fugitive slave on no more evidence than a claimant's sworn testimony of ownership. Suspected slaves could neither ask for a jury trial nor testify on their own behalf. In addition, any person aiding a runaway slave by providing food or shelter was to be subject to six months' imprisonment and a $1000 fine. Officers capturing a fugitive slave were entitled to a fee for their work.
In addition to federal officials, the ordinary citizens of free states could be summoned to join a posse and be required to assist in the capture, custody, and/or transportation of the alleged escaped slave.
The law was so rigorously pro-slavery as to prohibit the admission of the testimony of a person accused of being an escaped slave into evidence at the judicial hearing to determine the status of the accused escaped slave. Thus, if a freedman were claimed to be an escaped slave, they could not resist their return to slavery by truthfully telling their own actual history.
The Fugitive Slave Act was essential to meet Southern demands. In terms of public opinion in the North, the critical provision was that ordinary citizens were required to aid slave catchers. Many northerners deeply resented that requirement to help slavery personally. Resentment towards the Act continued to heighten tensions between the North and South, which were inflamed further by abolitionists such as Harriet Beecher Stowe. Her book, Uncle Tom's Cabin, stressed the horrors of recapturing escaped slaves and outraged Southerners.[32]
End of slave trade in District of Columbia[edit]
The fifth law, enacted on September 20, 1850, prohibited the slave trade but allowed slavery itself in the District of Columbia.[33] Southerners in Congress were unanimous in opposing that provision, which was seen as a concession to the abolitionists, but they were outvoted.[34]
See also[edit]
Uncle Tom's Cabin – a reaction against the Fugitive Slave Law
Kansas–Nebraska Act of 1854, which reopened the slavery issue
References[edit]
Jump up ^ Michael Holt, The Rise and Fall of the American Whig Party (2003) p. 252
Jump up ^ Joint Resolution of Congress, Mar. 1, 1845
Jump up ^ Mark J. Stegmaier (1996). Texas, New Mexico, and the compromise of 1850: boundary dispute & sectional conflict. Kent State University Press.
Jump up ^ Stegmaier, p. 172 and p. 177
Jump up ^ W. J. Spillman (January 1904). "ADJUSTMENT OF THE TEXAS BOUNDARY IN 1850". Quarterly of the Texas State Historical Association. 7.
Jump up ^ Remini, Robert. Henry Clay: Statesman for the Union (1993) pp 730–61
Jump up ^ Texas State Historical Association. "COMPROMISE OF 1850". The Handbook of Texas.
Jump up ^ Compromise of 1850 from the Handbook of Texas Online
Jump up ^ Cotton Culture from the Handbook of Texas Online
Jump up ^ John M. Taylor, William Henry Seward: Lincoln's right hand (1996) p. 85
Jump up ^ Elbert B. Smith, President Zachary Taylor: the hero president (2007) p. 238
Jump up ^ Eaton (1957) pp. 192–193. Remini (1991) pp. 756–759
Jump up ^ Michael Holt, The Rise and Fall of the American Whig Party (1999), pp. 529–530: "only rapid passage of the omnibus bill appeared to offer a timely escape from the crisis."
Jump up ^ "TO PASS S. 169. (P.1772-1)". GovTrack.us. 2014-11-08. Retrieved 2016-02-03.
Jump up ^ Holman Hamilton, Prologue to Conflict (University of Kentucky Press, 1965), p. 160
Jump up ^ "ON PASSAGE S. 169". GovTrack.us. 2014-11-08. Retrieved 2016-02-03.
Jump up ^ "TO PASS S. 225 (9 STAT. 453, APP. 9/9/1850), AN ACT TO ESTABLISH A TERRITORIAL GOVERNMENT FOR UTAH. (P.1776-1)". GovTrack.us. 2014-11-08. Retrieved 2016-02-03.
Jump up ^ "TO PASS S. 307. (P.1764-3)". GovTrack.us. 2014-11-08. Retrieved 2016-02-03.
Jump up ^ "ON PASSAGE OF THE BILL S. 307. (P. 1555-3)". GovTrack.us. 2014-11-08. Retrieved 2016-02-03.
Jump up ^ "ON ORDERING ENGROSSMENT AND 3RD READING OF THE BILL S. 23. (P. 1630-2)". GovTrack.us. 2014-11-08. Retrieved 2016-02-03.
Jump up ^ "TO PASS S. 23. (P.1817-1)". GovTrack.us. 2014-11-08. Retrieved 2016-02-03.
Jump up ^ Remini (1991) pp. 761–62
Jump up ^ Robert Remini,The House: A History of the House of Representatives (2006) p. 147
Jump up ^ Holt, Michael F. The Political Crisis of the 1850s (1978).
Jump up ^ Elizabeth Fox-Genovese, Fruits of Merchant Capital (1983).
Jump up ^ Mark J. Stegmaier, Texas, New Mexico, and the Compromise of 1850: Boundary Dispute and Sectional Crisis (1998)
Jump up ^ Hamilton, Holman (1957). "Texas Bonds and Northern Profits: A Study in Compromise, Investment, and Lobby Influence". The Mississippi Valley Historical Review. Organization of American Historians. 43 (4): 579–94. doi:10.2307/1902274. ISSN 0161-391X. JSTOR 1902274 – via JSTOR. (Registration required (help)).
Jump up ^ "Handbook of Texas Online: Compromise of 1850". Tshaonline.org. Retrieved 2016-02-03.
Jump up ^ California and New Mexico: Message from the President of the United States. By United States. President (1849–1850 : Taylor), United States. War Dept (Ex. Doc 17 page 1) Google eBook
Jump up ^ William Henry Ellison. A self-governing dominion, California, 1849–1860 (1950) online
Jump up ^ "A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774 - 1875". Memory.loc.gov. Retrieved 2016-02-03.
Jump up ^ Larry Gara, "The Fugitive Slave Law: A Double Paradox," Civil War History, September 1964, vol. 10#3, pp. 229–240
Jump up ^ David L. Lewis, District of Columbia: A Bicentennial History, (W.W. Norton, 1976), 54-56.
Jump up ^ Damani Davis, "Slavery and Emancipation in the Nation'S Capital," Prologue, Spring 2010, vol. 42#1, pp. 52–59
Sources[edit]
Bell, John Frederick. "Poetry's Place in the Crisis and Compromise of 1850." Journal of the Civil War Era 5#3 (2015): 399–421.
Bordewich, Fergus M. America's Great Debate: Henry Clay, Stephen A. Douglas, and the Compromise That Preserved the Union (2012) excerpt and text search
Foster, Herbert D. (1922). "Webster's Seventh of March Speech and the Secession Movement, 1850". American Historical Review. 27 (2): 245–270. doi:10.2307/1836156.
Heidler, David S., and Jeanne T. Heidler. Henry Clay: The Essential American (2010), major scholarly biography; 624 pp.
Hamilton, Holman. Prologue to Conflict: The Crisis and Compromise of 1850 (1964), the standard historical study
Hamilton, Holman (1954). "Democratic Senate Leadership and the Compromise of 1850". The Mississippi Valley Historical Review. 41 (3): 403–18. doi:10.2307/1897490. ISSN 0161-391X. JSTOR 1897490.
Holman Hamilton. Zachary Taylor, Soldier in the White House (1951).
Holt, Michael F. The Political Crisis of the 1850s (1978).
Holt, Michael F. The Fate of Their Country: Politicians, Slavery Extension, and the Coming of the Civil War (2005).
Johannsen, Robert W. Stephen A. Douglas (1973) (ISBN 0195016203)
William Aloysius Keleher (1951). Turmoil in New Mexico. Santa Fe: Rydal Press. ISBN 978-0-8263-0632-6.
Knupfer, Peter B. "Compromise and Statesmanship: Henry Clay's Union." in Knupfer, The Union As It Is: Constitutional Unionism and Sectional Compromise, 1787–1861 (1991), pp. 119–57.
Morrison, Michael A. Slavery and the American West: The Eclipse of Manifest Destiny and the Coming of the Civil War (1997) (ISBN 0807823198)
Nevins, Allan. Ordeal of the Union (1947) v 2, highly detailed narrative
Potter, David M. The Impending Crisis, 1848–1861 (1977), pp 90–120; Pulitzer Prize
Remini, Robert. Henry Clay: Statesman for the Union (1991)
Remini, Robert. At the Edge of the Precipice: Henry Clay and the Compromise That Saved the Union (2010) 184 pages; the Compromise of 1850
Rhodes, James Ford. History of the United States from the Compromise of 1850, vol. i. (1896). complegte text online
Rozwenc, Edwin C. ed. The Compromise of 1850. (1957) convenient collection of primary and secondary documents; 102 pp.
Russel, Robert R. (1956). "What Was the Compromise of 1850?". The Journal of Southern History. Southern Historical Association. 22 (3): 292–309. doi:10.2307/2954547. ISSN 0022-4642. JSTOR 2954547 – via JSTOR. (Registration required (help)).
Sewell, Richard H. Ballots for Freedom: Antislavery Politics in the United States 1837–1860 New York: Oxford University Press, 1976.
Stegmaier, Mark J. (1996). Texas, New Mexico, and the Compromise of 1850: Boundary Dispute & Sectional Crisis. Kent State University Press.
Wiltse, Charles M. John C. Calhoun, Sectionalist, 1840–1850 (1951)
External links[edit]
Wikisource has the text of the 1905 New International Encyclopedia article Compromise Measures of 1850.
Compromise of 1850
Compromise of 1850 and related resources from the Library of Congress
Texas Library and Archive Commission Page on 1850 Boundary Act
Smith, William Roy (1911). "Compromise Measures of 1850". Encyclopædia Britannica (11th ed.).
Map of North America at the time of the Compromise of 1850 at omniatlas.com
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Powers of the President of the United States
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The President of the United States has numerous powers, including those explicitly granted by Article II of the United States Constitution.
The Constitution explicitly assigned the president the power to sign or veto legislation, command the armed forces, ask for the written opinion of their Cabinet, convene or adjourn Congress, grant reprieves and pardons, and receive ambassadors. The president may make treaties which need to be ratified by two-thirds of the Senate. The president may also appoint Article III judges and some officers with the advice and consent of the U.S. Senate. In the condition of a Senate recess, the president may make a temporary appointment.
Contents
[hide]
1 Executive powers
2 Powers related to legislation
3 Powers of appointment
4 Executive clemency
5 Foreign affairs
6 Emergency powers
7 Executive privilege
8 Constraints on presidential power
9 See also
10 References
Executive powers[edit]
Within the executive branch itself, the president has broad powers to manage national affairs and the priorities of the government. The president can issue rules, regulations, and instructions called executive orders, which have the binding force of law upon federal agencies but do not require approval of the United States Congress. Executive orders are subject to judicial review and interpretation.
The Budget and Accounting Act of 1921 put additional responsibilities on the presidency for the preparation of the United States federal budget, although Congress was required to approve it.[1] The act required the Office of Management and Budget to assist the president with the preparation of the budget. Previous presidents had the privilege of impounding funds as they saw fit, however the United States Supreme Court revoked the privilege in 1998 as a violation of the Presentment Clause. The power was available to all presidents and was regarded as a power inherent to the office. The Congressional Budget and Impoundment Control Act of 1974 was passed in response to large-scale power exercises by President Nixon. The act also created the Congressional Budget Office as a legislative counterpoint to the Office of Management and Budget.
The president, as the Commander in Chief of the United States Armed Forces, may also call into federal service individual state units of the National Guard. In times of war or national emergency, the Congress may grant the president broader powers to manage the national economy and protect the security of the United States, but these powers were not expressly granted by the United States Constitution.[2] During the Vietnam War, in 1973, Congress expeditiously passed the War Powers Act and severely limited the ability of the President to conduct warfare without Congressional approval. Congress was constitutionally provided the power to declare the war,[3] but if the president needed to send the troops to other countries for emergency reasons, approved statutes required the notification of Congress within forty-eight hours. For any time beyond sixty days, further congressional approval was required.
Powers related to legislation[edit]
The president has several options when presented with a bill from Congress. If the president agrees with the bill, he can sign it into law within ten days of receipt. If the president opposes the bill, he can veto it and return the bill to Congress with a veto message suggesting changes unless the Congress is out of session then the president may rely on a pocket veto.
Presidents are required to approve all of a bill or none of it; selective vetoes have been prohibited. In 1996, Congress gave President Bill Clinton a line-item veto over parts of a bill that required spending federal funds. The Supreme Court, in Clinton v. New York City, found Clinton's veto of pork-barrel appropriations for New York City to be unconstitutional because only a constitutional amendment could give the president line-item veto power.[4]
When a bill is presented for signature, the president may also issue a signing statement with expressions of their opinion on the constitutionality of a bill's provisions. The president may even declare them unenforceable but the Supreme Court has yet to address this issue.[5]
Congress may override vetoes with a two-thirds vote in both the House and the Senate. The process has traditionally been difficult and relatively rare. The threat of a presidential veto has usually provided sufficient pressure for Congress to modify a bill so the President would be willing to sign it.
Much of the legislation dealt with by Congress is drafted at the initiative of the executive branch.[6] The president may personally propose legislation in annual and special messages to Congress including the annual State of the Union address and joint sessions of Congress. If Congress has adjourned without acting on proposals, the president may call a special session of the Congress.
Beyond these official powers, the U.S. president, as a leader of his political party and the United States government, holds great sway over public opinion whereby they may influence legislation.
To improve the working relationship with Congress, presidents in recent years have set up an Office of Legislative Affairs. Presidential aides have kept abreast of all important legislative activities.
Powers of appointment[edit]
The President of the United States has several different appointment powers.
Before taking office, the president-elect must appoint more than 6,000 new federal positions.[7] The appointments range from top officials at U.S. government agencies, to the White House Staff, and members of the United States diplomatic corps. Many, but not all, of these positions at the highest levels are appointed by the president with the advice and consent of the United States Senate.[8]
The president also nominates persons to fill federal judicial vacancies, including federal judges, such as members of the United States Courts of Appeals and the U.S. Supreme Court. These nominations require Senate confirmation, and this can provide a major stumbling block for presidents who wish to shape the federal judiciary in a particular ideological stance.
As head of the executive branch, the president appoints the top officials for all federal agencies. These positions are listed in the Plum Book which outlines more than seven thousand appointive positions in the government. Many of these appointments are made by the president. In the case of ten agencies, the president is free to appoint a new agency head. For example, it is not unusual for the CIA's Director or NASA's Administrator to be changed by the president. Other agencies that deal with federal regulation such as the Federal Reserve Board or the Securities and Exchange Commission have set terms that will often outlast presidential terms. For example, governors of the Federal Reserve serve for fourteen years to ensure agency independence. The president also appoints members to the boards of directors for government-owned corporations such as Amtrak. The president can also make a recess appointment if a position needs to be filled while Congress is not in session.[9]
In the past, presidents could appoint members of the United States civil service. This use of the spoils system allowed presidents to reward political supporters with jobs. Following the assassination of President James Garfield by Charles J. Guiteau, a disgruntled office seeker, Congress instituted a merit-based civil service in which positions are filled on a nonpartisan basis.[10] The Office of Personnel Management now oversees the staffing of 2.8 million federal jobs in the federal bureaucracy.
The president must also appoint his staff of aides, advisers, and assistants. These individuals are political appointments and are not subject to review by the Senate. All members of the staff serve "at the pleasure of the President".[11][12] Since 1995, the president has been required to submit an annual report to Congress listing the name and salary of every employee of the White House Office. The 2011 report listed 454 employees.[13]
Executive clemency[edit]
See also: List of people pardoned or granted clemency by the President of the United States
Article II of the United States Constitution gives the president the power of clemency. The two most commonly used clemency powers are those of pardon and commutation. A pardon is an official forgiveness for an acknowledged crime. Once a pardon is issued, all punishment for the crime is waived. The person accepting the pardon must, however, acknowledge that the crime did take place.[14] The president can only grant pardons for federal offences.[15] The president maintains the Office of the Pardon Attorney in the U.S. Department of Justice to review all requests for pardons. The president can also commute a sentence which, in effect, changes the punishment to time served. While the guilty party may be released from custody or not have to serve out a prison term, all other punishments still apply.
Most pardons are issued as oversight of the judicial branch, especially in cases where the Federal Sentencing Guidelines are considered too severe. This power can check the legislative and judicial branches by altering punishment for crimes. Presidents can issue blanket amnesty to forgive entire groups of people. For example, President Jimmy Carter granted amnesty to Vietnam draft dodgers who had fled to Canada. Presidents can also issue temporary suspensions of prosecution or punishment in the form of respites. This power is most commonly used to delay federal sentences of execution.
Pardons can be controversial when they appear to be politically motivated. President George W. Bush commuted the sentence of White House staffer Lewis "Scooter" Libby.
Foreign affairs[edit]
Under the Constitution, the president is the federal official that is primarily responsible for the relations of the United States with foreign nations. The president appoints ambassadors, ministers, and consuls (subject to confirmation by the Senate) and receives foreign ambassadors and other public officials.[2] With the Secretary of State, the president manages all official contacts with foreign governments.
On occasion, the president may personally participate in summit conferences where heads of state meet for direct consultation.[16] For example, President Wilson led the American delegation to the Paris Peace Conference in 1919 after World War I; President Franklin D. Roosevelt met with Allied leaders during World War II; and every president sits down with world leaders to discuss economic and political issues and to reach agreements.
Through the Department of State and the Department of Defense, the president is responsible for the protection of Americans abroad and of foreign nationals in the United States. The president decides whether to recognize new nations and new governments,[17] and negotiate treaties with other nations, which become binding on the United States when approved by two-thirds of the Senate. The president may also negotiate executive agreements with foreign powers that are not subject to Senate confirmation.[18]
Emergency powers[edit]
The Constitution does not expressly grant the president additional powers in times of national emergency. However, many scholars think that the Framers implied these powers because the structural design of the Executive Branch enables it to act faster than the Legislative Branch. Because the Constitution remains silent on the issue, the courts cannot grant the Executive Branch these powers when it tries to wield them. The courts will only recognize a right of the Executive Branch to use emergency powers if Congress has granted such powers to the president.[19]
A claim of emergency powers was at the center of President Abraham Lincoln's suspension of habeas corpus without Congressional approval in 1861. Lincoln claimed that the rebellion created an emergency that permitted him the extraordinary power of unilaterally suspending the writ. With Chief Justice Roger Taney sitting as judge, the Federal District Court of Maryland struck down the suspension in Ex Parte Merryman, although Lincoln ignored the order. [20]
President Franklin Delano Roosevelt similarly invoked emergency powers when he issued an order directing that all Japanese Americans residing on the West Coast be placed into internment camps during World War II. The U.S. Supreme Court upheld this order in Korematsu v. United States. [21]
Harry Truman declared the use of emergency powers when he nationalized private steel mills that failed to produce steel because of a labor strike in 1952.[22] With the Korean War ongoing, Truman asserted that he could not wage war successfully if the economy failed to provide him with the material resources necessary to keep the troops well-equipped.[23] The U.S. Supreme Court, however, refused to accept that argument in Youngstown Sheet & Tube Co. v. Sawyer, voting 6-3 that neither Commander in Chief powers nor any claimed emergency powers gave the president the authority to unilaterally seize private property without Congressional legislation. [24]
Executive privilege[edit]
Executive privilege gives the president the ability to withhold information from the public, Congress, and the courts in national security and diplomatic affairs.[25] George Washington first claimed privilege when Congress requested to see Chief Justice John Jay's notes from an unpopular treaty negotiation with Great Britain. While not enshrined in the Constitution, Washington's action created the precedent for privilege. When Richard Nixon tried to use executive privilege as a reason for not turning over subpoenaed audio tapes to a special prosecutor in the Watergate scandal, the Supreme Court ruled in United States v. Nixon that privilege was not absolute. The Court reasoned that the judiciary’s interest in the “fair administration of criminal justice” outweighed President Nixon’s interest in keeping the evidence secret.[26] Later President Bill Clinton lost in federal court when he tried to assert privilege in the Lewinsky affair. The Supreme Court affirmed this in Clinton v. Jones, which denied the use of privilege in cases of civil suits.[27]
Constraints on presidential power[edit]
Because of the vast array of presidential roles and responsibilities, coupled with a conspicuous presence on the national and international scene, political analysts have tended to place great emphasis on the president's powers. Some have even spoken of "the imperial presidency", referring to the expanded role of the office that Franklin D. Roosevelt maintained during his term.
President Theodore Roosevelt famously called the presidency a "bully pulpit" from which to raise issues nationally, for when a president raises an issue, it inevitably becomes subject to public debate. A president's power and influence may be limited, but politically the president is certainly the most important power in Washington and, furthermore, is one of the most famous and influential of all Americans.
Though constrained by various other laws passed by Congress, the president's executive branch conducts most foreign policy, and their power to order and direct troops as commander-in-chief is quite significant (the exact limits of what a president's military powers without Congressional authorization are open to debate).
The Separation of Powers devised by the founding fathers was designed to do one primary thing: to prevent the majority from ruling with an iron fist. Based on their experience, the framers shied away from giving any branch of the new government too much power. The separation of powers provides a system of shared power known as "checks and balances". For example, the President appoints judges and departmental secretaries, but these appointments must be approved by the Senate. The president can veto bills, or deny them. If he does that, the bill is sent back to Congress.
See also[edit]
Madisonian Model
National Emergencies Act
References[edit]
Jump up ^ "Archived copy" (PDF). Archived from the original (PDF) on 2011-06-07. Retrieved 2011-10-22.
^ Jump up to: a b "Executive Power". Legal Information Institute. Cornell University Law School. 2007-08-06. Retrieved 2017-01-27.
Jump up ^ "United States Constitution". United States Senate. September 17, 1787. To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water
Jump up ^ Dewar, Hellen; Biskupic, Joan (1998-06-26). "Court Strikes Down Line-Item Veto". The Washington Post. Retrieved 2017-01-28.
Jump up ^ Abramowitz, Michael (2006-07-24). "Bush's Tactic of Refusing Laws Is Probed". The Washington Post. ISSN 0190-8286. Retrieved 2017-01-28.
Jump up ^ "Presidential Powers". www.let.rug.nl. University of Groningen. Retrieved 2017-01-28.
Jump up ^ http://nationalparalegal.edu/conlawcrimproc_public/federalism/presidentialpowers.asp
Jump up ^ Fairlie, John. "The Administrative Powers of the President". Michigan Law Review. Vol. 2, No. 3: pp. 190–210. JSTOR 1273781  – via JSTOR. CS1 maint: Extra text (link)
Jump up ^ "Annotated Constitution Article II". Legal Information Institute. Cornell University Law School. Retrieved 2017-01-27.
Jump up ^ Ornstein, Norm. "How the Assassination of James A. Garfield Haunts VA Reform". The Atlantic. Retrieved 2017-01-28.
Jump up ^ https://www.archives.gov/publications/prologue/2005/winter/senate-nominations.html Serving at the Pleasure of the President: The Nomination Papers of the United States Senate, 1789–1946
Jump up ^ https://www.archives.gov/federal-register/codification/executive-order/11183.html Executive Order 11183--Establishing the President's Commission on White House Fellowships
Jump up ^ "Archived copy". Archived from the original on 2012-05-08. Retrieved 2012-05-07. 2011 Annual Report to Congress on White House Staff
Jump up ^ http://www.justice.gov/pardon/pardon_instructions.htm
Jump up ^ "Frequently Asked Questions Concerning Executive Clemency | PARDON | Department of Justice". www.justice.gov. Retrieved 2017-01-28.
Jump up ^ Costly, Andrew. "Foreign Policy - Constitutional Rights Foundation". www.crf-usa.org. Retrieved 2017-01-28.
Jump up ^ Schulman, Marc. "Recognition". historycentral.com. Retrieved 2017-01-28.
Jump up ^ "Treaty vs. Executive Agreement". U.S. Department of State. Retrieved 2017-01-28.
Jump up ^ Louis, Fisher (2007). Constitutional Conflicts Between Congress and the President. University Press of Kansas. pp. 249–272. ISBN 0700615342.
Jump up ^ Greenberg, David (2001-11-30). "Lincoln's Crackdown". Slate. Retrieved 2017-01-28.
Jump up ^ Konkoly, Toni. "The Supreme Court . Law, Power & Personality . Famous Dissents . Korematsu v. United States (1944) | PBS". www.pbs.org. Retrieved 2017-01-28.
Jump up ^ Schwarz, Jon (2017-01-26). "Executive Orders Are Normal; Trump's Are Only Appalling Because of What They Say". The Intercept. Retrieved 2017-02-04.
Jump up ^ "Youngstown Sheet & Tube Co. v. Sawyer 343 U.S. 579 (1952)". Justia Law. Retrieved 2017-01-28.
Jump up ^ "C-SPAN Landmark Cases | Youngstown V Sawyer". landmarkcases.c-span.org. Retrieved 2017-01-28.
Jump up ^ "United States v. Nixon". Oyez. Retrieved 2017-01-27.
Jump up ^ "Summary of the Decision United States v. Nixon". landmarkcases.org. Retrieved 2017-01-28.
Jump up ^ "Presidential Immunity From Judicial Direction". Legal Information Institute. Cornell University Law School. Retrieved 2017-01-27.
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values: A list of recent changes in the wiki [ctrl-alt-r]

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values: List of all English Wikipedia pages containing links to this page [ctrl-alt-j]

values: Recent changes in pages linked from this page [ctrl-alt-k]

values:
/wiki/Wikipedia:File_Upload_Wizard
Upload files [ctrl-alt-u]
u

values: A list of all special pages [ctrl-alt-q]

values: Permanent link to this revision of the page

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uls-settings-trigger
Language settings
0
button
true

values: Befugnisse des Präsidenten der Vereinigten Staaten – German

values: وتوی مصوبات کنگره ایالات متحده آمریکا – Persian

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suggestions
display: none; font-size: 13px;

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