Question

Read the following excerpt from President Theodore Roosevelt’s Executive Order No. 428.

“Pursuant to section 12 of the act of Congress, approved July 1, 1902, entitled 'An act temporarily to provide for the administration of the affairs of civil government in the Philippine Islands, and for other purposes' (32 Stat L., 691), the following reservations in the Philippine Islands are hereby made for military purposes....”

Explain how a constitutional scholar might argue that this excerpt supports the President’s constitutional duties.

(1 point)
Responses

The president has responsibility to lead the nation’s efforts in war and peace as commander of the armed forces. The reservation of land in the Philippines for military purposes supports this presidential responsibility.
The president has responsibility to lead the nation’s efforts in war and peace as commander of the armed forces. The reservation of land in the Philippines for military purposes supports this presidential responsibility.

The president is creating an amendment for the ratification by the Congress and states allowing the Philippines to become a state.
The president is creating an amendment for the ratification by the Congress and states allowing the Philippines to become a state.

The president is signing an executive order prepared by Congress, so the president is fulfilling the duties as outlined in the U.S. Constitution.
The president is signing an executive order prepared by Congress, so the president is fulfilling the duties as outlined in the U.S. Constitution.

The president does not have a constitutional responsibility to manage war efforts, so the use of the executive order is an effort to act in the face of change when Congress did not.

Answer 1

The first response. A constitutional scholar would point to Article II, Section 2 (the President as Commander in Chief) and the President’s duty to take care that the laws are faithfully executed and protect the nation. Reserving land for military purposes in a territory supports those constitutional duties to direct and provide for the nation’s defense.