The Expansion of Federal Powers After 9/11 (Essay Sample)

The Expansion of Federal Powers After 9/11 Introduction American history has shown that presidents take great liberty with the laws of the land and crave more power over their nation. Adams created the Alien and Sedition Act which gave him the power to deport non-citizens who he thought were dangerous to the survival of the country. Former Presidents Jefferson, Jackson and Lincoln all sought an expansion of their power when armed conflict threatened the survival of the nation. Wilson also sought expanded powers during World War 1, so it stands to reason that former President Bush would do the same after 9/11 (Editor, 2007). Expansion of federal powers seems like a normal act when the president of the country feels that the nation needs greater protection. What this paper will do is answer 2 questions pertaining to 9/11 and its aftermath- Do you think the federal government's increased powers are warranted? And, has the federal government encroached too far on States' rights? Were the federal government's increased powers warranted? Expanded powers in times of war is deemed a necessary act as the president is responsible for the safety and survival of the nation. But did President Bush go too far when he expanded federal power to cover situations like tapping phones, surveilling e-mails, enacting the patriot act, allowing kidnapping, torture and detention of suspected individuals? (Edelson, 2016, & ACLU, 2018) Some would say yes as the expansion of powers did not stop with those few items. Academic Freedom and the right to free speech came under attack through the Patriot Act, which allows the president to stop academics who held/hold dissenting views from entering the nation. No fly lists were created, warrantless searches were allowed, as well as abusing political spying systems and the Material Witness Act (Edelson, 2016, & ACLU, 2018). In analyzing the far reach these expanded powers have it is clear that the then president and his cabinet felt that these powers were warranted. Their mission was to protect the nation at all costs thus they needed expanded powers, as well as abuse other authorizations, to reach that goal (Parker & Fellner, 2004). President Bush and his Cabinet felt that a strong leader with large powers was what the nation needed. They cited Lincoln’s actions during the Civil War and the situation they faced at the time as justification for their unlateral expansion of powers (Richey, 2009). Has the federal government encroached too far on States' rights The current constitution is not the original document created by the founding fathers at the time of the revolutionary war. The current constitution replaced the Articles of Confederation in roughly 1787 almost 10 years later the original document was signed by the 13 original states (LOC, 2018). The change came when many of the founding fathers saw that the Articles of Confederation was going to ruin the young nation. Within its articles, a weak central government was established, and the majority of power was given to the individual states. This led to a crisis as without a strong central government, the nation could not survive or grow into what it has become today. The new constitution removed a lot of power from the States and transferred it to the federal, central government (LOC, 2018). This is the precedent that has been set for all future state and federal leaders to follow. The succession of presidents who sought expanded powers took it from the states, who in turn fought to retain some control over different governmental areas. The Bush Administration after 9/11, seems to have taken this too far as it has set the nation on the road to a possible imperialistic style of government in which the states have little to no say in government affairs. More power was taken from the states and given to the Bush government. So far, that power has not been transferred back (Richey, 2009). In America’s judicial system there is an old saying: “in times of war, laws are silent.” Former President Bush has used the atmosphere of war to further expand his powers at the expense of the individual States. His declaration that there was now a war on terrorism, was not declaring an actual war but merely a term used to justify his power grab. The nation’s survival was not at risk (Editor, 2007). It was merely a ploy to weaken the authority and power of each State in the Union. Conclusion History has recorded a large amount of precedents detailing the federal expansion of powers. Some were legitimate and needed if the nation was to survive (Richey, 2009, & Editor, 2007). Any country with a weak central government was doomed to fail as the first constitution so greatly illustrated. There were just too many leaders holding far too much power and something had to be done. Unfortunately, past presidents seemed to not be able to control their grab for power and have not stopped the federal government’s power expansion. Whether legitimate or not, presidents have found ways to encroach on the State’s power and remove a lot of it from their grasp. Only some of the numerous attempts to expand federal powers is and was warranted. It is highly debatable if President Bush’s expansion was warranted. In his and his administration’s eyes, they felt justified. But in the minds of others, that expansion was not warranted and led to many abuses of people’s c...