The preamble of the Constitution lays out six reasons for its establishment of which two reasons standout, the establishment of justice and providing for the common defense. The national security of the United States was of paramount importance to our founders and remains so today after over 200 years. While there is no clear answer on how to achieve security, our constitutional system of government provides the framework for seeking its ends. The Constitution itself, in its ambiguity and deliberate requirement for interpretation, along with the elements of division of power and the rule of law, play key roles in how our government provides the blanket of security for our nation. This paper will explore how these elements complement
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The United States Constitution specifically guards against the abuse of power: “this Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land.” Article III created the Supreme Court as the third branch of government to act as the final arbiter on laws and constitutional matters. The separation of power among the executive, legislative and judicial branches in addition to the ultimate rule of the constitution afford our government some of its greatest strengths, however those same qualities are not without their weaknesses.
The power vested in the President as the commander in chief is a powerful tool vital to our national security. In order to respond to national security threats both domestically and abroad our founders recognized the necessity to respond with rapid force and thus endowed the executive branch with commander in chief authorities. “Of all the cares or concerns of government, the direction of war most peculiarly demands those qualities which distinguish the exercise of power by a single hand.” Unilateral executive actions to defend attacks against the country have caused little debate. It is when the President commits armed