Presidential War Power


Presidential War Power
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Presidential War Power


Presidential War Power
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Author : Louis Fisher
language : en
Publisher:
Release Date : 2004

Presidential War Power written by Louis Fisher and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.


For this new edition, Louis Fisher has updated his arguments to include critiques of the Clinton & Bush presidencies, particularly the Use of Force Act, the Iraq Resolution of 2002, the 'preemption doctrine' of the current U.S. administration, & the order authorizing military tribunals.



While Dangers Gather


While Dangers Gather
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Author : William G. Howell
language : en
Publisher: Princeton University Press
Release Date : 2011-06-27

While Dangers Gather written by William G. Howell and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-06-27 with Political Science categories.


Nearly five hundred times in the past century, American presidents have deployed the nation's military abroad, on missions ranging from embassy evacuations to full-scale wars. The question of whether Congress has effectively limited the president's power to do so has generally met with a resounding "no." In While Dangers Gather, William Howell and Jon Pevehouse reach a very different conclusion. The authors--one an American politics scholar, the other an international relations scholar--provide the most comprehensive and compelling evidence to date on Congress's influence on presidential war powers. Their findings have profound implications for contemporary debates about war, presidential power, and Congress's constitutional obligations. While devoting special attention to the 2003 invasion of Iraq, this book systematically analyzes the last half-century of U.S. military policy. Among its conclusions: Presidents are systematically less likely to exercise military force when their partisan opponents retain control of Congress. The partisan composition of Congress, however, matters most for proposed deployments that are larger in size and directed at less strategically important locales. Moreover, congressional influence is often achieved not through bold legislative action but through public posturing--engaging the media, raising public concerns, and stirring domestic and international doubt about the United States' resolve to see a fight through to the end.



The Reagan Wars


The Reagan Wars
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Author : David Locke Hall
language : en
Publisher: Routledge
Release Date : 2019-07-11

The Reagan Wars written by David Locke Hall and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-11 with Political Science categories.


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.



The Politics Of War Powers


The Politics Of War Powers
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Author : Sarah Burns
language : en
Publisher: University Press of Kansas
Release Date : 2019-11-15

The Politics Of War Powers written by Sarah Burns and has been published by University Press of Kansas this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-15 with Political Science categories.


The Constitution of the United States divides war powers between the executive and legislative branches to guard against ill-advised or unnecessary military action. This division of powers compels both branches to hold each other accountable and work in tandem. And yet, since the Cold War, congressional ambition has waned on this front. Even when Congress does provide initial authorization for larger operations, they do not provide strict parameters or clear end dates. As a result, one president after another has initiated and carried out poorly developed and poorly executed military policy. The Politics of War Powers offers a measured, deeply informed look at how the American constitutional system broke down, how it impacts decision-making today, and how we might find our way out of this unhealthy power division. Sarah Burns starts with a nuanced account of the theoretical and historical development of war powers in the United States. Where discussions of presidential power often lean on the concept of the Lockean Prerogative, Burns locates a more constructive source in Montesquieu. Unlike Locke, Montesquieu combines universal normative prescriptions with an emphasis on tailoring the structure to the unique needs of a society. In doing so, the separation of powers can be customized while maintaining the moderation needed to create a healthy institutional balance. He demonstrates the importance of forcing the branches into dialogue, putting them, as he says, “in a position to resist” each other. Burns’s conclusion—after tracing changes through Franklin Delano Roosevelt’s administration, the Cold War, and the War on Terror—is that presidents now command a dangerous degree of unilateral power. Burns’s work ranges across Montesquieu’s theory, the debate over the creation of the Constitution, historical precedent, and the current crisis. Through her analysis, both a fuller picture of the alterations to the constitutional system and ideas on how to address the resulting imbalance of power emerge.



War Powers Resolution


War Powers Resolution
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Author : Richard F. Grimmett
language : en
Publisher: DIANE Publishing
Release Date : 2010-11

War Powers Resolution written by Richard F. Grimmett and has been published by DIANE Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11 with categories.


Two separate but closely related issues confront Congress each time the Pres. introduces armed forces into a situation abroad that could lead to their involvement in hostilities. One issue concerns the division of war powers between the Pres. and Congress, whether the use of armed forces falls within the purview of the congressional power to declare war and the War Powers Resolution (WPR). The other issue is whether or not Congress concurs in the action. This report deals with congressional authorization for military action, and the application and effectiveness of the WPR. Contents of this report: Recent Developments; Background and Analysis; U.N. Actions; Former Yugoslavia/Bosnia; Kosovo; Iraq: Post 1991; Haiti; and Somalia.



Presidential War Powers On Domestic Soil


Presidential War Powers On Domestic Soil
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Author : Edward DeV. Bunn
language : en
Publisher:
Release Date : 1969-06

Presidential War Powers On Domestic Soil written by Edward DeV. Bunn and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1969-06 with Law categories.


Necessity and crisis produce the laws most significant to society. The greatest socially designed crisis is war. But, as productive as it is of laws and yet recognized by society as lawful, it violates the very fundamentals of organized society. War is the legalization of strife and tyranny. The purpose of the study is to seek out the war powers exercised by our Presidents upon domestic soil. The study looks back through the pages of our war history to the early exercises of Presidential war powers to note their beginnings and to show their developments. The study reflects the extent to which the President's office has had sufficient powers to meet the war emergencies and whether Congress has performed its constitutional obligation to enact legislation conferring capable war powers upon the President. It will be seen that the present powers bear the marks of evolution. The most significant development will be found in the economic controls and the present stage of plans to impose further economic controls. Plans have been made and additional wartime economic controls may be just around the corner. The study notes that the President and the Congress are both functioning on the misunderstanding of the dynamic role public opinion has played in times of crisis. There is an inextricable interwoven relationship between public sentiment and all decision making in this country. One could not expect otherwise where freedom of speech is paramount. Up to the point where emergency action is an absolute necessity, public sentiment has played an abiding overriding role in our war power decision making. The President and Congress have failed to capitalize on this abiding overriding power that has been such a guiding force behind Presidential wartime powers. They have more fear of the public than is justified and vastly more support from it than they recognize. They have focused all too much on the limiting effect of public sentiment and failed to take advantage of its power. While it is frequently said that ours is a government of checks and balances between the three branches-Legislative, Executive and Judicial-the true depth of power and the weighty check upon the abuse of that power has been that of public sentiment. Ours is a government of balance and we must not tilt or ignore any aspect of the balance-the President, the Congress, the courts and the public sentiment.



Waging War


Waging War
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Author : David J. Barron
language : en
Publisher: Simon and Schuster
Release Date : 2016-10-04

Waging War written by David J. Barron and has been published by Simon and Schuster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-04 with History categories.


“Vivid…Barron has given us a rich and detailed history.” —The New York Times Book Review “Ambitious...a deep history and a thoughtful inquiry into how the constitutional system of checks and balances has functioned when it comes to waging war and making peace.” —The Washington Post A timely account of a raging debate: The history of the ongoing struggle between the presidents and Congress over who has the power to declare and wage war. The Constitution states that it is Congress that declares war, but it is the presidents who have more often taken us to war and decided how to wage it. In Waging War, David J. Barron opens with an account of George Washington and the Continental Congress over Washington’s plan to burn New York City before the British invasion. Congress ordered him not to, and he obeyed. Barron takes us through all the wars that followed: 1812, the Mexican War, the Civil War, the Spanish-American war, World Wars One and Two, Korea, Vietnam, Iraq, and now, most spectacularly, the War on Terror. Congress has criticized George W. Bush for being too aggressive and Barack Obama for not being aggressive enough, but it avoids a vote on the matter. By recounting how our presidents have declared and waged wars, Barron shows that these executives have had to get their way without openly defying Congress. Waging War shows us our country’s revered and colorful presidents at their most trying times—Washington, Lincoln, Theodore Roosevelt, Franklin Roosevelt, Truman, Eisenhower, John F. Kennedy, Johnson, both Bushes, and Obama. Their wars have made heroes of some and victims of others, but most have proved adept at getting their way over reluctant or hostile Congresses. The next president will face this challenge immediately—and the Constitution and its fragile system of checks and balances will once again be at the forefront of the national debate.



The War Power In An Age Of Terrorism


The War Power In An Age Of Terrorism
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Author : Michael A. Genovese
language : en
Publisher: Springer
Release Date : 2016-12-22

The War Power In An Age Of Terrorism written by Michael A. Genovese and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-22 with Political Science categories.


This book features a lively debate between two prominent scholars—Michael A. Genovese and David Gray Adler—on the critical issue of whether the Constitution, written in the 18th Century, remains adequate to the national security challenges of our time. The question of the scope of the president’s constitutional authority—if any—to initiate war on behalf of the American people, long the subject of heated debate in the corridors of power and the groves of academe, has become an issue of surpassing importance for a nation confronted by existential threats in an Age of Terrorism. This question should be thoroughly reviewed and debated by members of Congress, and considered by all Americans before they are asked to go to war. If the constitutional allocation of powers on matters of war and peace is outdated, what changes should be made? Is there a need to increase presidential power? What role should Congress play in the war on terror?



The War Power


The War Power
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Author : Louis Fisher
language : en
Publisher: American Historical Assn.
Release Date : 2008

The War Power written by Louis Fisher and has been published by American Historical Assn. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with War and emergency powers categories.




The Powers Of War And Peace


The Powers Of War And Peace
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Author : John Yoo
language : en
Publisher: University of Chicago Press
Release Date : 2008-09-15

The Powers Of War And Peace written by John Yoo and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-09-15 with Political Science categories.


Since the September 11 attacks on the United States, the Bush administration has come under fire for its methods of combating terrorism. Waging war against al Qaeda has proven to be a legal quagmire, with critics claiming that the administration's response in Afghanistan and Iraq is unconstitutional. The war on terror—and, in a larger sense, the administration's decision to withdraw from the ABM Treaty and the Kyoto accords—has many wondering whether the constitutional framework for making foreign affairs decisions has been discarded by the present administration. John Yoo, formerly a lawyer in the Department of Justice, here makes the case for a completely new approach to understanding what the Constitution says about foreign affairs, particularly the powers of war and peace. Looking to American history, Yoo points out that from Truman and Korea to Clinton's intervention in Kosovo, American presidents have had to act decisively on the world stage without a declaration of war. They are able to do so, Yoo argues, because the Constitution grants the president, Congress, and the courts very different powers, requiring them to negotiate the country's foreign policy. Yoo roots his controversial analysis in a brilliant reconstruction of the original understanding of the foreign affairs power and supplements it with arguments based on constitutional text, structure, and history. Accessibly blending historical arguments with current policy debates, The Powers of War and Peace will no doubt be hotly debated. And while the questions it addresses are as old and fundamental as the Constitution itself, America's response to the September 11 attacks has renewed them with even greater force and urgency. “Can the president of the United States do whatever he likes in wartime without oversight from Congress or the courts? This year, the issue came to a head as the Bush administration struggled to maintain its aggressive approach to the detention and interrogation of suspected enemy combatants in the war on terrorism. But this was also the year that the administration’s claims about presidential supremacy received their most sustained intellectual defense [in] The Powers of War and Peace.”—Jeffrey Rosen, New York Times “Yoo’s theory promotes frank discussion of the national interest and makes it harder for politicians to parade policy conflicts as constitutional crises. Most important, Yoo’s approach offers a way to renew our political system’s democratic vigor.”—David B. Rivkin Jr. and Carlos Ramos-Mrosovsky, National Review