Law in Times of Crisis Part 4

Điều hành trong việc nắm bắt sự xuất hiện kẻ chạy trốn rất nhiều tiến bộ tốt của đất nước của họ, đã làm một hành động vượt ra ngoài Hiến pháp. | ethic of political responsibility 125 The Executive in seizing the fugitive occurrence which so much advances the good of their country have done an act beyond the Constitution. The Legislature in casting behind them metaphysical subtleties and risking themselves like faithful servants must ratify and pay for it and throw themselves on their country for doing for the people unauthorized what we know they would have done for themselves had they been in a situation to Similarly following an attack during a congressional recess by a British frigate the Leopard on an American ship the Chesapeake President Jefferson spent unappropriated funds for munitions to strengthen certain strongholds in the face of a possible war with England. He later asked Congress for a retroactive approval of this expenditure explaining To have awaited a previous and special sanction by law would have lost occasions which might not be trust that the Legislature feeling the same anxiety for the safety of our country so materially advanced by this precaution will approve when done what they would have seen so important to be done if then In the congressional debates that ensued a general agreement with Jefferson s position prevailed across political Thus suggested Jefferson There are extreme cases where the laws become inadequate even to their own preservation and where the universal recourse is a dictator or martial law 61 and that on great occasions every good officer must be ready to risk himself in going beyond the strict lines of law when the public preservation requires it his motives will be a justification. 62 Jefferson sought to limit the incidents in which such illegal actions might be taken by claiming that they would be justified if and only if three conditions were met 1 The occurrence of certain objective circumstances that amount to extreme cases and great occasions. That such great occasions were to be rare is demonstrated by President .

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