Candian Con Law
SUBJECT: Constitutional Law and the Crisis with Canada In light of the recent situation between Washington state’s fishing vessels and the Canadian Navy, the President has openly stated that he is “prepared to identify and activate Army National Guard troops” as a countermeasure to Canadian attacks on our U.S. commercial fishing boats. In response to Canadian Naval aggressions, the President has determined that Army National Guard troops from Louisiana, based on their backgrounds in fishery, are best qualified to assist in continued operation of the fishing boats. Meanwhile, Louisiana ANG soldiers will be able to maintain security of the local fishermen, as well as safeguard our own national interests, which have been challenged by the Canadian government. Since the President’s initial response towards the U.S. – Canadian fishing dispute, a Louisiana National Guard soldier named Claude Bayou has come forward and challenged the potential deployment, threatening to sue the federal government on the basis that he believes he cannot be forced to “run fishing boats in the state of Washington.” Bayou, a noncommiss
Additionally, if the President where to defy Congress, he would be in direct violation of Congress’ constitutionally endowed war powers. A transgression of that nature would therefore invalidate the President’s orders, and thus cancel any planned deployments to the state of Washington. If the federal court were to review the disagreement between the President and Congress, it would no doubt conclusively find on behalf of Congress. Not to say that the President isn’t entitled to send troops to the state of Washington, but that he is only able to do so at the length with which it takes Congress to come to a resolution on whether or not military involvement is necessary. Since Congress was able to reach a fairly immediate decision (a rare occurrence in itself), the President is without authority to act any further on his plans for deployment, as Congress has now assumed control of whether or not military means are necessary. Thus the federal court would have no choice but to declare the President’s powers valid, only up until Congress stepped in. However, in this particular case, Congress also has certain powers with
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Approximate Word count = 766
Approximate Pages = 3 (250 words per page double spaced)
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