Constitutional War Powers The Functional Relevance Of The War Powers Debate

Author by : Anonim
Languange : en
Publisher by : Unknown
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Description : The residence of Constitutional war powers has been defined by the functional execution of war powers, which has been almost entirely that of the executive, not by the interpretation of the original intent of the Framers of the Constitution. The debate on where the Constitutional authority to make war resides has revolved around three distinct interpretations of the Framers' original intent: the supremacy of the executive, the supremacy of the legislature, and the collective judgment of both in making war. The conclusion of World War II marked the last time that Congress formalized a relationship of hostility through a declaration of war. Since then, the introduction of U.S. Armed Forces into hostilities has been done entirely on the prerogatives of the executive. Every post-World War II President has entered U.S. Armed Forces into hostilities, often absent of Congressional participation and occasionally in direct contravention to Congressional desire. Each of these introductions of U.S. Armed Forces into hostilities furthered the war powers debate, which evolved to include the implication of U.S. participation in mutual security arrangements, such as the United Nations and NATO, and the success and resultant popularity of the military action in question. In an effort to protect its participation in war making decisions, Congress enacted legislation, first in the form of amendments to appropriations bills and later with the War Powers Act of 1973. This legislation, though, has had little effect on the functional supremacy of executive war powers. Each time that U.S. Armed Forces were introduced into hostilities following World War II, the Presidents all maintained their executive prerogative. As such, they defined through function that the decision to introduce U.S. Armed Forces into hostilities rests solely with the President, regardless of individual interpretations of the Framers' original intent.


The Presidency In The Constitutional Order

Author by : Joseph M. Bessette
Languange : en
Publisher by : Routledge
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Total Read : 14
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Description : This classic collection of studies, first published in 1980, contributes to the revival of interest in the powers and duties of the American presidency. Unlike many previous books on the constitution and the president, the contributors to this volume are political scientists, not law professors. Accordingly, they display political scientists' concern with structures as well as power, with conflict between the branches of government as well as their functional separation, and with political prescription as well as legal analysis. Underlying the entire volume is a persistent attention to the nature of executive power and its particular manifestation in the American system. Part One introduces the foundations that underlie contemporary issues, including the famous James Madison-Alexander Hamilton debate over the powers of the presidency. Contemporary political and scholarly controversies, which are the subjects of Part Two, include the constitutionality of the War Powers Resolution of 1973, the legislative veto, executive privilege and secrecy, the character of the presidency, presidential selection, and the nature of executive power. The essays in The Presidency in the Constitutional Order represent some of the most cogent thought available about the highest elected office in America, and the themes of the volume continue to be timely and provocative.


War Powers

Author by : Mariah Zeisberg
Languange : en
Publisher by : Princeton University Press
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Total Read : 44
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Description : Armed interventions in Libya, Haiti, Iraq, Vietnam, and Korea challenged the US president and Congress with a core question of constitutional interpretation: does the president, or Congress, have constitutional authority to take the country to war? War Powers argues that the Constitution doesn't offer a single legal answer to that question. But its structure and values indicate a vision of a well-functioning constitutional politics, one that enables the branches of government themselves to generate good answers to this question for the circumstances of their own times. Mariah Zeisberg shows that what matters is not that the branches enact the same constitutional settlement for all conditions, but instead how well they bring their distinctive governing capacities to bear on their interpretive work in context. Because the branches legitimately approach constitutional questions in different ways, interpretive conflicts between them can sometimes indicate a successful rather than deficient interpretive politics. Zeisberg argues for a set of distinctive constitutional standards for evaluating the branches and their relationship to one another, and she demonstrates how observers and officials can use those standards to evaluate the branches' constitutional politics. With cases ranging from the Mexican War and World War II to the Cold War, Cuban Missile Crisis, and Iran-Contra scandal, War Powers reinterprets central controversies of war powers scholarship and advances a new way of evaluating the constitutional behavior of officials outside of the judiciary.


Declaring War

Author by : Brien Hallett
Languange : en
Publisher by : Cambridge University Press
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Description : Declaring War directly challenges the 200-year-old belief that Congress can and should declare war. By offering a detailed analysis of the declarations of 1812, 1898 and the War Powers Resolution of 1973, the book demonstrates the extent of the organizational and moral incapacity of Congress to declare war. It invokes Carl von Clausewitz's dictum that 'war is policy' to explain why declarations of war are an integral part of war and proposes two possible remedies - a constitutional amendment or, alternatively, a significant re-organization of Congress. It offers a comprehensive historical, legal, constitutional, moral and philosophical analysis of why Congress has failed to check an imperial presidency. The book draws on Roman history and international law to clarify the form, function and language of declarations of war and John Austin's speech act theory.


Justice And Violence

Author by : Eric Nelson
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 39
Total Download : 739
File Size : 41,7 Mb
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Description : Originally published in 2003. Justice and Violence brings together a fascinating and varied volume that focuses on the ethics of both political violence and pacifism. Incorporating historical, geopolitical and cultural case studies, it takes a unique look at comparative analyses of these two phenomena and contending world views. The volume is a 'must read' for political scientists, ethicists, historians, sociologists, anthropologists and policy analysts. As we move deeper into the twenty-first century, the contradictory and conflicting forces of globalization and cultural fragmentation make it increasingly crucial to give serious consideration to the issues raised here.


War Powers Legislation 1973

Author by : United States. Congress. Senate. Committee on Foreign Relations
Languange : en
Publisher by : Unknown
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Total Read : 13
Total Download : 258
File Size : 52,8 Mb
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War Powers

Author by : United States. Congress. House. Committee on Foreign Affairs. Subcommittee on Arms Control, International Security, and Science
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 61
Total Download : 829
File Size : 54,5 Mb
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The Presidency In The Constitutional Order

Author by : Stewart Wolf
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 82
Total Download : 795
File Size : 52,7 Mb
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Description : This classic collection of studies, first published in 1980, contributes to the revival of interest in the powers and duties of the American presidency. Unlike many previous books on the constitution and the president, the contributors to this volume are political scientists, not law professors. Accordingly, they display political scientists' concern with structures as well as power, with conflict between the branches of government as well as their functional separation, and with political prescription as well as legal analysis. Underlying the entire volume is a persistent attention to the nature of executive power and its particular manifestation in the American system. Part One introduces the foundations that underlie contemporary issues, including the famous James Madison-Alexander Hamilton debate over the powers of the presidency. Contemporary political and scholarly controversies, which are the subjects of Part Two, include the constitutionality of the War Powers Resolution of 1973, the legislative veto, executive privilege and secrecy, the character of the presidency, presidential selection, and the nature of executive power. The essays in The Presidency in the Constitutional Order represent some of the most cogent thought available about the highest elected office in America, and the themes of the volume continue to be timely and provocative.


Congress The President And The War Powers

Author by : United States. Congress. House. Committee on Foreign Affairs. Subcommittee on National Security Policy and Scientific Developments
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 60
Total Download : 341
File Size : 40,5 Mb
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Congress The President And The War Powers

Author by : United States. Congress. House. Foreign Affairs
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 98
Total Download : 356
File Size : 40,8 Mb
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War Powers

Author by : United States. Congress. House. Committee on Foreign Affairs. Subcommittee on National Security Policy and Scientific Developments
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 89
Total Download : 950
File Size : 55,9 Mb
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Long Wars And The Constitution

Author by : Stephen M. Griffin
Languange : en
Publisher by : Harvard University Press
Format Available : PDF, ePub, Mobi
Total Read : 39
Total Download : 358
File Size : 54,7 Mb
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Description : Extension of presidential leadership in foreign affairs to war powers has destabilized our constitutional order and deranged our foreign policy. Stephen M. Griffin shows unexpected connections between the imperial presidency and constitutional crises, and argues for accountability by restoring Congress to a meaningful role in decisions for war.


Undeclared War

Author by : Edward Keynes
Languange : en
Publisher by : Penn State University Press
Format Available : PDF, ePub, Mobi
Total Read : 38
Total Download : 289
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Description : "During the 20th century," this book contends, "aggressive Presidents and supine Congresses have transformed the President's constitutional authority to defend the nation against attack into a virtually unlimited power to initiate undeclared war and military hostilities." New theories therefore are needed to guide Congress, President, and courts in future struggles over the distribution of the war powers. White House spokesmen since the Truman administration have reiterated a constitutional theory that confers inherent power on the President to dispatch and commit armed forces without congressional approval or consultation. This tendency was not reversed by congressional attempts to limit presidential warmaking following the Vietnam War; it was encouraged by the Federal courts' position in Vietnam cases that only "prolonged, irreconcilable legislative-executive conflict should serve as an invitation to judicial intervention in war-powers controversies." A major feature of the book is a thorough analysis of all the legal challenges to the President's conduct of the Vietnam War. The Vietnam cases are examined in light of British constitutional history, the framing, of the American Constitution, and judicial decisions from 1800 through the Korean War. This analysis furnishes the basis for the author's contention that the Supreme Court has led the nation into the "twilight zone of concurrent power"--encouraging "the legislature and the executive to fuse their separate powers of war and defense into a national war power whose only standard is the extraconstitutional one of success on the battlefield." In the modern era of guerrilla wars, national liberation movements, and police actions, the author recognizes the inadequacy of traditional distinctions between defensive and offensive wars upon which the Framers of the American Constitution divided the congressional war powers from the office of commander in Chief. Keynes concludes that, although the courts can play a limited role in restraining presidential power to conduct undeclared war, only Congress can effectively limit the President's conduct by insisting on a prior consensus regarding military intervention.


The War Power After 200 Years

Author by : United States. Congress. Senate. Committee on Foreign Relations. Special Subcommittee on War Powers
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 21
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File Size : 46,8 Mb
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Military Law Review

Author by : Anonim
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 76
Total Download : 800
File Size : 49,9 Mb
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Review Of The War Powers Resolution

Author by : United States. Congress. House. Committee on Armed Services. Subcommittee on Investigations
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 92
Total Download : 127
File Size : 53,5 Mb
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Applying The War Powers Resolution To The War On Terrorism

Author by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution, Federalism, and Property Rights
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 74
Total Download : 534
File Size : 51,6 Mb
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War Powers Legislation

Author by : United States. Congress. Senate. Committee on Foreign Relations
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 93
Total Download : 162
File Size : 53,8 Mb
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Libya And War Powers

Author by : United States. Congress. Senate. Committee on Foreign Relations
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 63
Total Download : 882
File Size : 51,5 Mb
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Constitutional Dysfunction On Trial

Author by : Jasmine Farrier
Languange : en
Publisher by : Cornell University Press
Format Available : PDF, ePub, Mobi
Total Read : 39
Total Download : 413
File Size : 41,8 Mb
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Description : In an original assessment of all three branches, Jasmine Farrier reveals a new way in which the American federal system is broken. Turning away from the partisan narratives of everyday politics, Constitutional Dysfunction on Trial diagnoses the deeper and bipartisan nature of imbalance of power that undermines public deliberation and accountability, especially on war powers. By focusing on the lawsuits brought by Congressional members that challenge presidential unilateralism, Farrier provides a new diagnostic lens on the permanent institutional problems that have undermined the separation of powers system in the last five decades, across a diverse array of partisan and policy landscapes. As each chapter demonstrates, member lawsuits are an outlet for frustrated members of both parties who cannot get their House and Senate colleagues to confront overweening presidential action through normal legislative processes. But these lawsuits often backfire – leaving Congress as an institution even more disadvantaged. Jasmine Farrier argues these suits are more symptoms of constitutional dysfunction than the cure. Constitutional Dysfunction on Trial shows federal judges will not and cannot restore the separation of powers system alone. Fifty years of congressional atrophy cannot be reversed in court.


The Encyclopedia Of American Law

Author by : David Andrew Schultz
Languange : en
Publisher by : Infobase Publishing
Format Available : PDF, ePub, Mobi
Total Read : 37
Total Download : 892
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Description : There's an old saying: Ignorance of the law is no excuse for breaking it. Yet for most people


The Reagan Wars

Author by : David Locke Hall
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 51
Total Download : 382
File Size : 50,9 Mb
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Description : Ronald Reagan's term in office was punctuated by four significant employments of military force: the deployment of Marines to Lebanon; the intervention in Grenada; the air strikes against Libya; and the deployment of naval forces to the Persian Gulf. In the aftermath of each of these military operations, critics questioned the constitutional basis for such unilateral presidential war-making, arguing that Congress alone is empowered to declare war. Debates over whether the President failed to comply with the statutory requirements of the War Powers Resolution further complicated these constitutional disagreements. In The Reagan Wars, David Hall seeks to overcome a key source of confusion in these heated debates—the failure to distinguish between the wisdom of Reagan's actions and their legality. He demonstrates that the circumstances under which the Constitution permits unilateral presidential war-making were present when President Reagan waged war between 1980 and 1988. Hall first considers the thinking of the Constitution's Framers on the question of war powers and the subsequent two hundred years of judicial interpretation regarding the proper balance between congressional and presidential authority to make war. In light of this historical background, he then closely examines the facts and the legal circumstances of each of the four "Reagan wars." Hall's thought-provoking conclusions deserve the attention of anyone interested in the role of the Constitution in U.S. foreign policy-making.


War Power Legislation 1973

Author by : United States. Congress. Senate. Foreign Relations
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 13
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National Security Law And The Constitution

Author by : Geoffrey S. Corn
Languange : en
Publisher by : Aspen Publishers
Format Available : PDF, ePub, Mobi
Total Read : 47
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Description : National Security Law and the Constitution provides a comprehensive examination and analysis of the inherent tension between the Constitution and select national security policies, and it explores the multiple dimensions of that conflict. Specifically, the Second Edition comprehensively explores the constitutional foundation for the development of national security policy and the exercise of a wide array of national security powers. Each chapter focuses on critically important precedents, offering targeted questions following each case to assist students in identifying key concepts to draw from the primary sources. Offering students a comprehensive yet focused treatment of key national security law concepts, National Security Law and the Constitution is well suited for a course that is as much an advanced “as applied” constitutional law course as it is a national security law or international relations course. New to the Second Edition: New author Gary Corn is the program director for the Tech, Law and Security Program at American University Washington College of Law, and most recently served as the Staff Judge Advocate to U.S. Cyber Command, the capstone to a distinguished career spanning over twenty-seven years as a military lawyer Two new chapters: Chapter 1 (An Introduction to the “National Security” Constitution), and Chapter 17 (National Security in the Digital Age) Professors and students will benefit from: An organizational structure tailored to present these national powers as a coherent “big picture,” with the aim of understanding their interrelationship with each other, and the legal principles they share A comprehensive treatment of the relationship between constitutional, statutory, and international law, and the creation and implementation of policies to regulate the primary tools in the government’s national security arsenal Targeted case introductions and follow-on questions, enabling students to maximize understanding of the text Text boxes illustrating key principles with historical events, and highlight important issues, rules, and principles closely related to the primary sources Chapters that focus on primary or key authorities with limited diversion into secondary sources A text structure generally aligned to fit a three-hour, one-semester course offering


War Powers Legislation

Author by : United States. Congress. House. Foreign Affairs
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 10
Total Download : 259
File Size : 44,7 Mb
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War Powers Legislation

Author by : United States. Congress. House. Committee on Foreign Affairs. Subcommittee on National Security Policy and Scientific Developments
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 78
Total Download : 838
File Size : 46,8 Mb
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Department Of State Publication

Author by : Anonim
Languange : en
Publisher by : Unknown
Format Available : PDF, ePub, Mobi
Total Read : 58
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File Size : 40,9 Mb
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Description :