Machiavelli And The Prince
CONSTITUTIONALRIGHTSFOUNDATIONBILL OFRIGHTS IN ACTIONWINTER 2004VOLUME 21NUMBER 1Machiavelli and The PrinceAt the peak of the Italian Renaissance, NiccoloMachiavelli wrote a brutally frank handbook forleaders, advising them how to take and hold political power.round 1500, the Italian Renaissance flourished.New styles of art, architecture, and literatureemerged. At the same time, political conspiracies,warring mercenary armies, and foreign invasionsstalked the land.ASeveral regional city-states dominated Italy. Thesestates were suspicious, hostile, and often at war withone another. But they had reached a balance of power until European kings decided to make Italy a battleground for their ambitions.WORLDHISTORYIn 1434, the Medici family established itsrule over Florence, a city-state in the centerof Italy. The Medici made Florence an eco- Machiavelli (right) met many times with Cesare Borgia, a ruthless leader whonomic powerhouse of banking and com- tried to create a powerful state in Italy. (Library of Congress)merce. When Lorenzo de Medici (“TheMagnificent”) came to power in 1469, his family Savonarola resumed his blistering attacks against corrupthad gained a reputation for supporting new artists priests. But the church eventually branded him a heretic,like Michelangelo. But many also accused Lorenzo and city officials hanged him and burned his body in theof being a tyrant who set the tone in Florence for town square in May 1498.corruption and immorality.(Continued on next page)A Christian monk named Savonarola preachedagainst the Medici and Catholic Church priests fortheir greed and vices. When Lorenzo died in 1492,Savonarola called for Florence to become aChristian republic. Two years later, King CharlesVIII of France invaded Italy. With French support,the people of Florence rebelled against the Mediciand drove them out of the city.In December 1494, Florence established a “GreatCouncil,” composed of several thousand men fromnoble families. The Great Council elected a smallgroup and appointed others to run the city. TheFlorence Republic was born.Executive PowerThis edition of Bill of Rights in Action examines issuesof executive power. The first article looks atMachiavelli and his classic text on the use of power, ThePrince. The second article examines a recent SupremeCourt case, Hamdi v. Rumsfeld, on the president’s power to hold enemy combatants. The last article looks athow President Andrew Jackson pursued a policy ofremoving Cherokee Indians from their native land.World History: Machiavelli and The PrinceU.S. Government: Detaining U.S. Citizens as EnemyCombatantsU.S. History: Jackson and Indian Removal 2004, Constitutional Rights Foundation, Los Angeles. All Constitutional Rights Foundation materials and publications, including Bill of Rights in Action, are protected by copyright. However, we hereby grant toall recipients a license to reproduce all material contained herein for distribution to students, other school site personnel, and district administrators. (ISSN: 1534-9799)
In 1509, Machiavelli led Florence’s citizen militia insuccessfully besieging Pisa until it surrendered. It wasthe greatest moment in Machiavelli’s career.A young man named Niccolo Machiavelli witnessedall these dramatic events in Florence. Soon, his ownlife would radically change when he entered into theservice of his beloved city.A few years later, France again invaded Italy. PopeJulius II assembled a “Holy League” of allies againstthe French. Soderini refused to join with Pope Juliussince France was Florence’s traditional foreign ally.Julius personally led his troops into battle and defeatedthe French invaders. He then turned his wrath againstFlorence.The Rise and Fall of a DiplomatMachiavelli, the son of a lawyer, was born in 1469.Machiavelli’s family was not wealthy, but managed toeducate him with tutors and books on ancient historythat his father collected.Despite Machiavelli’s lack of any government experience, the new republican government of Florenceappointed him in 1498 to a position concerned withforeign affairs and war. Thus the obscure 29-year-oldMachiavelli began his career as a diplomat. At first, hecarried out the policies that others decided.Pope Julius enlisted the aid of Spanish troops and theMedici to attack Florence. When Machiavelli’s inexperienced militia failed to hold a fortified outpost,Florence’s citizens panicked and turned againstSoderini, who fled. The Florentines surrendered,agreeing to allow the Medici to return to the city.Machiavelli’s initial assignment was to work for therecovery of Pisa, a former seaport possession ofFlorence. It had asserted its independence during theFrench invasion. Florence had hired foreign mercenarytroops to retake Pisa. The troops, however, refused tofight their way into the town. From this experience,Machiavelli concluded that Florence needed a citizenmilitia, which would be loyal to Florence.In September 1512, the Medici family quickly restoredits rule of Florence. It abolished the republic and itsmilitia. Shortly afterward, the Medici fired Machiavellifrom his diplomatic post.A year later, the Medici unjustly accused Machiavelliof participating in a conspiracy to overthrow them. Hewas imprisoned and brutally tortured. He won his freedom several months later in an amnesty that celebratedthe election of a Medici family member as Pope Leo X.Machiavelli traveled a great deal. He representedFlorence on missions to other Italian city-states, thepope in Rome, and the major European powers. Oncewhile he was visiting the new French king, Louis XII,one of the king’s advisors remarked, “The Italiansknow nothing of war.” Machiavelli replied, “TheFrench know nothing of politics,” the art of taking andholding power. Soon, Machiavelli gained a reputationfor his sharp observations and witty comments in hisdiplomatic reports and letters.The PrinceMachiavelli was depressed more by the loss of his jobas a diplomat than the torture he had endured. “I amrotting away,” he wrote. Then in a bold move to regainhis position, he wrote a short handbook of advice toprinces, kings, and popes. He dedicated it to the Mediciruler of Florence.In 1501, Machiavelli married and eventually had fivechildren. But because he traveled a lot, he was not athome often. He soon gained another reputation—forhaving numerous love affairs and enjoying wild parties.Machiavelli’s book of advice to leaders, The Prince,differed from others of the time. It did not dwell onsuch Christian ideals as always keeping one’s word.Machiavelli began with the idea that to take and holdpower, a prince must “learn how not to be good”because most other men are not good. He based hisadvice on his diplomatic experience, but also on theenduring lessons he found in Greek and Roman history.In 1502, the Great Council of Florence elected a newleader, Piero Soderini. He quickly recognizedMachiavelli’s keen diplomatic skills and sent him onmany important missions.Machiavelli believed that the most important lessonfrom history was for a prince to be a “man of virtue.”He described such men as those who “stand up all bythemselves,” relying on their own armies rather thanmercenaries or fortune. Machiavelli never pointed toanyone in his time who was a “man of virtue.” But oneWith Pisa still remaining independent, Machiavelliargued that Florence needed to abandon its mercenaries and establish a citizen militia. Soderini agreed andauthorized Machiavelli to personally recruit soldiersand oversee their training.2
ilaniceBorgia was the son of Pope Alexander VI.When Borgia decided to carve out a principality for himself in central Italy, the popeprovided Borgia with troops.en M Vcame close: Cesare Borgia, whomMachiavelli had observed on several diplomatic missions.isa P FlorenceBorgia did whatever was necessary to win.When leaders of allied families rebelledagainst him, he tricked them into attending ameeting where he had them strangled. Inanother instance, Borgia appointed a governor to restore order in a city he had conquered. Following Borgia’s orders, thegovernor ruthlessly cracked down on the populace and restored order. To gain popularitywith the people, Borgia then ordered the hated governor beheaded in the town square.Adriat RomeicSea NaplesTyrrhenian SeaBorgia thought he had made plans for everypossible contingency. But at the height of hissuccess, misfortune struck when his father,Mediterraneanthe pope, suddenly died. Borgia himselfSeabecame ill, preventing him from going toRome to influence the election of the new During the Renaissance, numerous city-states ruled in Italy. The five most powerful were Naples, Florence, Milan, Venice, and the Papal States (headed by Rome).pope.Borgia agreed to the election of Pope Julius IIafter the new pope promised that he could keep his principality. But the pope had no intention of honoring hispromise. He imprisoned Borgia and expelled him fromItaly.the prince wins, he argued, not what methods heuses to win, even if these include such things aslying, cruelty, and violence.In The Prince, Machiavelli admired Borgia’s bold andself-assured actions. But Machiavelli concluded thatBorgia had depended too much on fortune. Good fortune made Borgia, and bad fortune destroyed him.Machiavelli continued in The Prince to argue his longheld view that a leader must rely on his own armies andnot mercenaries. The only thing that holds these soldiers, he said, is “a little pay,” which is never enough “tomake them want to die for you.”“A prudent lord, therefore, cannot and must notkeep faith [keep his word] when this is to his disadvantage,” he wrote. He declared, “in all actions of all men, and especially of princes where there is no court of appeal, theend justifies the means.” Most people care only ifHe said, “it is much more secure to be feared than tobe loved.” Nevertheless, he also warned that aprince must never be hated since the people willthen conspire against him. He cautioned that a prince must avoid “flatterers”and instead surround himself with those who speakthe truth to him. A prince must question everything,listen carefully, but always decide what is best forhim and his state. He pointed out that a prince “whois not wise himself cannot be well counseled.”In the concluding chapters of The Prince, Machiavellifocused on his main concern: the tragic condition ofItaly, which had become overrun by foreign “barbarians.” He challenged the princes of Italy (specificallythe Medici) to be more aggressive in picking up the banner of Italian liberation. He said they should not wait forgood fortune to come their way, “because fortune is awoman, and it is necessary to beat her and hit her inorder to subdue her.”Machiavelli’s most famous advice in The Prince concerned how to act to hold on to power: 3(Continued on next page)
Machiavelli ended The Prince by quoting the greatItalian Renaissance scholar Petrarch:Machiavelli wrote The Prince not just to get his old jobback, but also to spark the liberation of Italy from foreign occupation. Above all, Machiavelli was a patriot.Toward the end of his life, he wrote, “I love my countrymore than my soul.”When virtue takes up armsIt tears its foes apart,And shows that ancient valorStill beats in Italy’s heart.For Discussion and Writing1. Play the role of Machiavelli and write a letter toCesare Borgia, telling him where he went wrong.Even though Machiavelli presented a handwritten copyof The Prince to the Medici ruler of Florence, the rulerprobably never read it. But many others did.2. Do you believe Machiavelli was basically evil orgood? Why?The Influence of MachiavelliResigned to his forced retirement, Machiavelli spentthe next few years writing his most extensive work,usually called Discourses. In this work, Machiavelliargued that the influence of even a virtuous princecould only last so long. Therefore, a republic, wherepeople are “born free,” was the superior form of government. The best republics, he wrote, were those withgood laws, a strong religion, severe criminal punishments, and a citizen army.3. Do you think American leaders should followMachiavelli’s advice in The Prince? Why?For Further ReadingRudowski, Victor Anthony. The Prince, A HistoricalCritique. New York: Twayne, 1992.Viroli, Maurizio. Niccolo’s Smile, A Biography ofMachiavelli. New York: Farrar, Straus and Giroux,2000.In 1526, Italy was invaded again, this time led by theGerman Holy Roman Emperor. Once again, the Mediciwere evicted from Florence, and the republic wasrestored. Machiavelli, age 57, hoped he would finallyget his old position as a diplomat back, but the newgovernment appointed someone else.ACTIVITYThe Prince and the PresidentForm small discussion groups to evaluate the hypothetical presidential decisions listed below. The groupsshould discuss and answer the following questions foreach presidential decision:The following year, Machiavelli became seriously ill.On his deathbed, he told friends that he would prefer togo to hell, discussing politics with the wise men of history, than to go to heaven with boring saintly souls.1. Would Machiavelli agree or disagree? Why?2. Do you agree or disagree? Why?Presidential DecisionsThe Prince was never published in Machiavelli’s lifetime. When printed copies became widely availableafter 1532, the Catholic Church banned it as an evilwork. Others criticized it as a “handbook for tyrants.”By the early 1600s, Shakespeare was using“Machiavel” to refer to an unscrupulous and schemingperson. Today, “Machiavellian” means acting in anevil, underhanded way.A. The president promises never to lie to theAmerican people.B. The president recommends unilaterally canceling aforeign trade agreement because it is costingAmerican jobs.C. The president wants Congress to restore the military draft.Many others, however, have applauded Machiavelli’srealism. They believe he described how the world ofpolitics really operates. The French philosopherRousseau thought The Prince was a service to the people, putting them on guard against the secrets oftyrants. Some believe that modern political sciencebegan with The Prince, which made the security andinterest of a nation the highest priority of its leader.D. The president orders the CIA to use torture to getinformation from suspected terrorists.After the groups have finished their discussions, theyshould debate with each other the answers to the questions on the presidential decisions.4
Standards AddressedSourcesNational High School World History Standard 27: Understands howEuropean society experienced political, economic, and cultural transformations in an age of global intercommunication between 1450 and 1750. (7)Understands significant individuals and ideologies that emerged during theRenaissance and Reformation (e.g., the basic arguments in The Prince byMachiavelli; works of Renaissance writers and elements of Humanism in theseworks; individuals and factors that contributed to the revival of Greco-Romanart, architecture, and scholarship; differing ideas on women’s roles in theProtestant household; social oppression and conflict in Europe during theRenaissance, as contrasted with humanist principles of the time). (8)Understands sources of military buildup of the 17th and 18th centuries (e.g., howthey compare with the advice of Machiavelli on the use of mercenaries).California History-Social Science Content Standard 7.8: Students analyzethe origins, accomplishments, and geographic diffusion of the Renaissance.(2) Explain the importance of Florence in the early stages of the Renaissance andthe growth of independent trading cities (e.g., Venice), with emphasis on thecities’ importance in the spread of Renaissance ideas. (5) Detail advances madein literature, the arts, science . . . .California History-Social Science Content Standard 12.1: Students explainthe fundamental principles and moral values of American democracy asexpressed in the U.S. Constitution and other essential documents ofAmerican democracy. (1) Analyze the influence of ancient Greek, Roman,English, and leading European political thinkers such as . . . Niccolo Machiavelli. . . on the development of American government.National High School Civics Standard 11: Understands the role of diversityin American life and the importance of shared values, political beliefs, andcivic beliefs in an increasingly diverse American society. (6) Knows howshared ideas and values of American political culture are reflected in varioussources and documents (e.g., . . . landmark decisions of the Supreme Court of theUnited States)National High School Civics Standard 18: Understands the role and importance of law in the American constitutional system and issues regarding thejudicial protection of individual rights. (2) Knows historical and contemporarypractices that illustrate the central place of the rule of law (e.g., . . . higher courtreview of lower court compliance with the law . . . , executive branch compliancewith laws enacted by Congress).California History-Social Science Content Standard 12.5: Students summarize landmark U.S. Supreme Court interpretations of the Constitution andits amendments. (1) Understand the changing interpretations of the Bill ofRights over time, including interpretations of the basic freedoms (religion,speech, press, petition, and assembly) articulated in the First Amendment and thedue process and equal-protection-of-the-law clauses of the FourteenthAmendment.National High School U.S. History Standard 9: Understands the UnitedStates territorial expansion between 1801 and 1861, and how it affected relations with external powers and Native Americans. (3) Understands shifts infederal and state policy toward Native Americans in the first half of the 19th century (e.g., arguments for and against removal policy, changing policies fromassimilation to removal and isolation after 1825).California History-Social Science Content Standard 8.8: Students analyzethe divergent paths of the American people in the West from 1800 to themid-1800s and the challenges they faced. (1) Discuss the election of AndrewJackson as president in 1828 . . . and his actions as president (e.g., . . . policy ofIndian removal . . . ). (2) Describe the purpose, challenges, and economic incentives associated with westward expansion, including the concept of ManifestDestiny (e.g., . . . accounts of the removal of Indians, the Cherokees’ “Trail ofTears” . . . ) and the territorial acquisitions that spanned numerous decades.California History-Social Science Content Standard 11.1: Students analyzethe significant events in the founding of the nation and its attempts to realizethe philosophy of government described in the Declaration ofIndependence. (3) Understand the history of the Constitution after 1787 withemphasis on federal versus state authority and growing democratization.Standards reprinted with permission:MachiavelliHale, J. R. Machiavelli and Renaissance Italy. New York:Macmillan Co., 1960. Machiavelli, Niccolo. The Prince. AtlanticHighlands, N. J.: Humanities Press, 1995. Najemy, John andBirely, Robert. “Machiavelli, Niccolo.” Encyclopedia of theRenaissance. New York: Charles Scribner’s Sons, 1999. Ridolfi,Roberto. The Life of Niccolo Machiavelli. Chicago: University ofChicago Press, 1963. “Machiavelli, Niccolo.” EncyclopaediaBritannica Micropaedia. 2002 ed. Rudowski, Victor Anthony. ThePrince, A Historical Critique. New York: Twayne, 1992. Viroli,Maurizio. Niccolo’s Smile, A Biography of Machiavelli. New York:Farrar, Straus and Giroux, 2000.Detaining Enemy CombatantsDworkin, Ronald. “What the Court Really Said.” New York Reviewof Books, vol. 51, Number 13. August 13, 2004. Vladeck, Stephen.“The Detention Power.” Yale Law & Policy Review, vol. 22: 153,2004. Elsea Jennifer K. “Presidential Authority to Detain ‘EnemyCombatants.’” Congressional Research Service. 2004. Hamdi html/036696.ZS.html Lichtblau, Eric. “U.S., Bowing to Court Ruling,Will Free ‘Enemy Combatant.’” New York Times, Section A , Page1, Column 1, Sept. 23, 2004.Indian RemovalForman, Grant. Sequoyah. Norman, Okla.: University of OklahomaPress, 1938. Gilbert, Joan. The Trail of Tears Across Missouri.Columbia, Mo.: University of Missouri Press, 1996. King, DuaneH., ed. The Cherokee Indian Nation, A Troubled History. Knoxville,Tenn.: University of Tennessee Press, 1979. Perdue, Theda andGreen, Michael D. The Cherokee Removal, A Brief History withDocuments. Boston: Bedford Books, 1995. “Sequoyah.”Encyclopaedia Britannica Micropaedia. 2002 ed. Tregle, JosephG. “Jackson, Andrew.” Encyclopedia Americana. 1999 ed. Wallace, Anthony F. C. The Long Bitter Trail, Andrew Jackson andthe Indians. New York: Hill and Wang, 1993.Be the First to Know—Join CRF’sListservCRF sends out periodic announcementsabout new publications, programs,trainings, and lessons. Don’t miss out.E-mail us at crf@crf-usa.org. On thesubject line, write CRF Listserv. In themessage, put your name, school, subject you teach, state, and e-mail address. If you’vechanged your e-mail address, please notify us.National Standards copyright 2000 McREL, Mid-continent Research forEducation and Learning, 2550 S. Parker Road, Suite 500, Aurora, CO 80014,Telephone 303.337.0990.California Standards copyrighted by the California Department of Education,P.O. Box 271, Sacramento, CA 95812.5
Detaining U.S. Citizens asEnemy CombatantsThe war on terror has brought forward many questions of due process. In 2004, the Supreme Courtdealt with the case of a U.S. citizen named by thepresident as an “enemy combatant” and locked inprison. The man had been held incommunicadowith no charges filed against him.aser Esam Hamdi is an American citizen. He wasborn in Louisiana in 1980 and raised in SaudiArabia. In 2001, members of the Northern Alliance—an anti-Taliban group—captured Hamdi inAfghanistan and turned him over to U.S. troops. (TheTaliban is an Islamic fundamentalist group, whichruled Afghanistan and harbored Osama bin Laden andhis Al Qaeda terrorist group.) Hamdi was transferredto the U.S. naval base at Guantanamo Bay, Cuba, inJanuary 2002 and later to a naval brig in SouthCarolina. He was held as an “enemy combatant.”YHamdi’s father filed a petition for writ of habeas corpus in June 2002. He alleged that his son was beingheld incommunicado. The government had not filedcharges against Hamdi and had denied him access tolegal counsel. Hamdi’s father argued that the government was violating his son’s rights guaranteed by theFifth and 14th amendments. In other documents, hestated that his 20-year-old son went to Afghanistan inJuly 2001 to do relief work. He said that Hamdi hadbeen traveling alone for the first time and hadgotten trapped in Afghanistan after the militaryU campaign began “because of his lack ofexperience.”SGOVERNMENTThe U.S. government is holding hundreds of foreign nationals asenemy combatants on the U.S. naval base located at GuantanamoBay, Cuba. (U.S. Department of Defense)is being held illegally, and if so, to order the executivebranch to release the prisoner.The Great Writ was developed in England, adopted bythe colonies, and preserved in the U.S. Constitution. Itis mentioned in what is known as the “suspensionclause.” Under the suspension clause, Congress maysuspend habeas corpus, but only in times of emergency: “The privilege of the Writ of Habeas Corpus shallnot be suspended, unless when in Cases of Rebellionor Invasion the Public Safety may require it.” (Article,I, Section 9, clause 2.)What Is a Writ of Habeas Corpus?The Fifth Amendment to the U.S. Constitutionprovides that no person shall be deprived oflife, liberty, or property without “due processof law.” For hundreds of years, the instrumentfor obtaining due-process rights has been thewrit of habeas corpus (also known as the“Great Writ”).Yaser Esam Hamdi v. Donald RumsfeldHamdi’s father filed a petition for a writ of habeas corpus in federal court in Virginia. (The government hadimprisoned Hamdi there before transferring him toSouth Carolina.) The government was holding Hamdiin solitary confinement and barred him from communicating with his father—or with anyone else. TheDistrict Court appointed a public defender as counseland ordered that the lawyer be given access to Hamdi.The U.S. government immediately appealed. TheCourt of Appeals for the Fourth Circuit reversed thisorder and sent the case back to the District Court. ItThe word “writ” comes from English commonlaw. It means a court order. “Habeas corpus” inLatin literally means “you have the body.” Awrit of habeas corpus is a court order to an official (a prison warden or a military commander)holding someone in custody. It orders the official to deliver the person to the court. The writallows the court to decide whether the person6
O’Connor first addressed the issue of whether the president had authority to detain citizens as “enemy combatants.” Her opinion held that Congress hadauthorized such detention through a resolution calledthe Authorization for Use of Military Force(“AUMF”). Congress passed AUMF a week after the9/11 attacks. AUMF authorized the president to useforce against those who committed or aided the terrorist attacks or harbored the terrorists.ordered the court to use “cautious procedures” todetermine whether Hamdi was an “enemy combatant.”Back in the District Court, the government submitted adeclaration by Michael Mobbs, a special advisor to theDefense Department. He had reviewed governmentrecords and reports on Hamdi. Mobbs’ declaration wasnine paragraphs long. It stated that during July andAugust of 2001, Hamdi was living in Afghanistan andwas connected with a Taliban military unit. TheTaliban was a hostile force in conflict with U.S. armedforces. The declaration stated that because Hamdi wasconnected with the Taliban and was carrying a riflewhen he was captured, he met the criteria for an “enemy combatant.” The District Court found the declaration to be inadequate and ordered the government toturn over other materials for its review.O’Connor found that detaining combatants was basicto waging war. The military needed to prevent thosecaptured from returning to the battlefield. By authorizing the use of force, Congress had “authorized detention in the narrow circumstances considered here.”O’Connor noted that unlike most wars, a “war on terror” would not end with a formal cease fire. She voicedconcern that if the war on terror dragged on, Hamdicould be detained for his lifetime. But she put asidethat concern because combat was still going on inAfghanistan. As long as U.S. troops are engaged incombat in Afghanistan, O’Connor stated, detainingsomeone captured there is part of the proper use offorce. It is “therefore authorized by the AUMF.”O’Connor’s opinion also ruled that indefinite detention “for the purpose of interrogation” is not authorized.Once again, the government appealed. The Court ofAppeals ordered the habeas petition dismissed. It ruledthat the facts stated in the Mobbs declaration were sufficient to support Hamdi’s detention. Hamdi appealedto the U.S. Supreme Court.The Supreme Court faced two issues:(1) Did the president have the authority to name U.S.citizens as enemy combatants and hold them inprison without filing criminal charges?(2) If the president has this authority, what manner ofhabeas corpus review is due to citizens who contest their status as enemy combatants?Having ruled in favor of the government on detention,O’Connor’s opinion then addressed the second issue:What manner of habeas corpus review is due to a citizen who contests his status as an enemy combatant?The government argued that at most the courts shouldreview the question of determining enemy combatantsunder a “some evidence” standard of proof. Under thisstandard, the court hearing a habeas corpus petitionwould assume that the facts the government presentedwere true. Based on the facts presented, the courtwould then simply decide whether the petitioner hadbeen correctly classified as an “enemy combatant.”The government also argued that requiring courts toreview the facts concerning an individual detaineewould intrude upon the president’s authority as commander in chief. Hamdi argued, to the contrary, thatdue process requires that he receive a hearing in whichhe could challenge the Mobbs declaration and presenthis own counter evidence.The court was fragmented on the issues and publishedfour separate opinions. On the first issue, five justicesconcluded that the president had the authority to holdU.S. citizens in prison as enemy combatants. On thesecond issue, eight justices concluded that Hamdi’sdue process rights had been wrongfully denied and thathe should be accorded a greater habeas corpus review.But the justices could not agree on the underlying legalprinciples for either issue. The result was what iscalled a “plurality decision” with four justices joiningthe controlling opinion. Two other justices dissented inpart, but concurred with the judgment of the controlling opinion so that Hamdi would get another hearing.Three other justices dissented.O’Connor’s Opinion—The Opinion of theCourtJustice Sandra Day O’Connor wrote the controllingopinion in the case. She was joined by three other justices: Anthony Kennedy, Stephen Breyer, and ChiefJustice William Rehnquist.O’Connor’s opinion pointed out that the governmenthad a strong interest in keeping someone captured onthe battlefield from returning to wage war against theUnited States. It also noted that going to court placed a(Continued on next page)7
burden on the military. But on the other side of the scalewas Hamdi’s private interest in being free. This “is themost elemental of liberty interests.” O’Connor said it isof “great importance” to strike the proper balancebetween these competing interests—especially duringwar when it is tempting to ignore them.War II. The government had put citizens of Japaneseancestry in detention camps dur
Machiavelli and The Prince At the peak of the Italian Renaissance, Niccolo Machiavelli wrote a brutally frank handbook for leaders, advising them how to take and hold polit-ical power. Around 1500, the Italian Renaissance flourished. New styles of art, architecture, and
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NICCOLO MACHIAVELLI (1469-1527) Unit Structure: 1.1 Objective 1.2 Introduction 1.3 Theory of political power and Machiavelli 1.4 The prince and the central theme of prince 1.5 Why Machiavelli justified for a powerful state 1.6 Advise to the prince about statecraft 1.7 Evaluation of
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4 Niccolò Machiavelli to Francesco Guicciardini, May 17, 1521, in Niccolò Machiavelli, , vol. 2, p. 372; Eng. trans., Opere Machiavelli and His Friends, p. 336. Machiavelli stresses his love of the fatherland also in the opening of his A Dialogue on Language (Discorso o dialogo intorno
Machiavelli’s Prince Christopher E. Cosans Christopher S. Reina Virginia Commonwealth University ABSTRACT: This article examines the place of Machiavelli’s Prince in the history . He speaks in several places of the use of
