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Title Ends and means in conflict
Subject Nuclear warfare--Moral and ethical aspects; War--Moral and ethical aspects; War--Religious aspects; War and emergency powers--United States; Ends and means
Description The 49th Annual Frederick William Reynolds Lecture.
Creator Firmage, Edwin Brown
Publisher Division of Continuing Education, University of Utah
Date 1987-10-15
Date Digital 2008-05-29
Type Text
Format application/pdf
Digitization Specifications Original scanned on Epson Expression 10000XL flatbed scanner and saved as 400 ppi uncompressed tiff. Display images generated in PhotoshopCS and uploaded into CONTENTdm Aquisition Station.
Resource Identifier http://content.lib.utah.edu/u?/reynolds,1147
Source U263 .F57 1987
Language eng
Relation Digital reproduction of "Ends and means in conflict," J. Willard Marriott Library Special Collections
Rights Digital Image Copyright University of Utah
Metadata Cataloger Seungkeol Choe; Ken Rockwell
ARK ark:/87278/s6x34vfm
Setname uu_fwrl
Date Created 2008-07-29
Date Modified 2008-07-31
ID 320434
Reference URL https://collections.lib.utah.edu/ark:/87278/s6x34vfm

Page Metadata

Title Page 18
Description 18 EDWIN B. FIRMAGE Commander-in-Chief the president was intended simply to be Congress' general. No power not given by any other text was conveyed by the statement on executive power. The "take care" clause simply obligated the president to execute congressional laws. The latter has been asserted to be an executive "necessary and proper" clause by ironic, if not cynical, bootstrapping. Under these provisions Congress not only possesses sole power to decide for war, establish and govern our military forces and determine rules for their governance and use; and establish our commercial relations with other states; but also Congress with the president should establish and direct the strategy of our foreign relations. As Professor Louis Henkin observed, the treaty power invested in the president and the Senate gives the tip-off to the Framers' intent.32 Since foreign relations were conducted primarily by treaty in the eighteenth century, the bestowal upon the Senate and the presidency of the treaty power reveals the determination that our foreign relations should be governed collegially. E. The Current Crisis Most of the facts in the Iran-Nicaragua crisis are now known. Substantial modern armaments were secretly sold to Iran by order of the president in barter for hostages. By presidential order this information was kept from Congress and the American people.33 Part of the money gained by this sale of weaponry was diverted to the Nicara-guan Contras.34 This activity was carried out by the CIA under the direction of certain members of the National Security Council, an advisory body turned operational by this administration in order to avoid statutory restrictions of Congress upon other agencies of government.35 32 L. Henkin, Foreign Affairs and the Constitution (Mineola, N.Y.: Foundation Press, 1972). 33 On January 17, 1986, President Reagan signed a secret intelligence "finding" waiving previous regulations prohibiting arms shipments to Iran and authorizing direct United States arms transactions with Iran. This January 17 finding also states that "due to its extreme sensitivity and security risks" prior notice should be limited and directs the Director of Central Intelligence to refrain from reporting this Finding to the Congress as provided in Section 501 of the National Security Act of 1947, as amended, until [the President] otherwise directs." 34 N.Y. Times, Nov. 26, 1986, A-l, cols. 3-4; Report of the President's Special Review Board, 111-19, 120 (Feb. 26, 1987). 35 The Intelligence Authorization Act of 1981, Pub. L. No. 96-4350, 94 Stat. 1975 (1980) (adding "Title V - Accountability for Intelligence Activities" to the National Security Act of 1947, 50 U.S.C. §§ 401-405 (1980)).
Format application/pdf
Identifier 021-RNLT- firmageE_ Page 18.jpg
Source Original Manuscript: Ends and means in conflict by Edwin B. Firmage.
Setname uu_fwrl
Date Created 2008-07-29
Date Modified 2008-07-29
ID 320402
Reference URL https://collections.lib.utah.edu/ark:/87278/s6x34vfm/320402