POL326Y Lecture May 16.docx

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14 Apr 2014
School
Course
POL326Y
Lecture
May 16/13
How policy is made
How an election may or may not mean that the US is going to adapt new policies
oThe president does not have a free hand in shaping American foreign policy
oConstitution is an important player in this constraining of presidential power
oCourts:
Power of judicial review
Has been accepted within American constitutional system
Marbury vs. Madison
Courts can’t take any action if there is no court case
In order to sue for anything an individual must have standing
Need to prove that they were personally damage by the policy
oPolicy and foreign policy are both political matters
oThe congress has the greatest influence on these policies
They are a political branch and must deal with political questions
oCourts have on a number of occasions taken on cases that has implications for foreign
policy and did have the effect of reigning in the president to some extent
Examples
Guantanamo Bay
Nixon
oNY times vs. the US
Us government (Nixon) attempted to prevent NY times from
publishing papers from Vietnam
Painted a terrifying picture of American involvement in Vietnam
Supreme court declared that the burden of proof that there was a major
harm done by the publication is by the government
First amendment allows benefit of doubt to go to NY times
Nixon was not able to exercise restrain on the press
oUS vs. Nixon
Watergate scandal
Revelation that the Nixon campaign had broken into democratic party
headquarters to find out what they had on Nixon
This information required access to various white house documents
Conversations with Nixon and his aids were recorded and this
backfired and allowed Watergate to be leaked to the press
Claimed that his was Nixons privilege to not leak conversations
had within the oval office
Bush Administration
oGAO vs. Chaney
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