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Presidential War Power
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Book Synopsis Presidential War Power by : Louis Fisher
Download or read book Presidential War Power written by Louis Fisher and published by . This book was released on 2004 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Powers of War and Peace by : John Yoo
Download or read book The Powers of War and Peace written by John Yoo and published by University of Chicago Press. This book was released on 2008-09-15 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis The Politics of War Powers by : Sarah Burns
Download or read book The Politics of War Powers written by Sarah Burns and published by University Press of Kansas. This book was released on 2019-11-15 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book War Powers written by Peter Irons and published by Macmillan. This book was released on 2006-05-02 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines a fundamental question in the development of the American empire: What constraints does the Constitution place on our territorial expansion, military intervention, occupation of foreign countries, and on the power the president may exercise over American foreign policy? Worried about the dangers of unchecked executive power, the Founding Fathers deliberately assigned Congress the sole authority to make war. But the last time Congress declared war was on December 8, 1941, after the Japanese attack on Pearl Harbor. Since then, every president from Harry Truman to George W. Bush has used military force in pursuit of imperial objectives, while Congress and the Supreme Court have virtually abdicated their responsibilities to check presidential power. Legal historian Irons recounts this story of subversion from above, tracing presidents' increasing willingness to ignore congressional authority and even suspend civil liberties.--From publisher description.
Book Synopsis Emergency Presidential Power by : Chris Edelson
Download or read book Emergency Presidential Power written by Chris Edelson and published by University of Wisconsin Pres. This book was released on 2013-12-19 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can a U.S. president decide to hold suspected terrorists indefinitely without charges or secretly monitor telephone conversations and e-mails without a warrant in the interest of national security? Was the George W. Bush administration justified in authorizing waterboarding? Was President Obama justified in ordering the killing, without trial or hearing, of a U.S. citizen suspected of terrorist activity? Defining the scope and limits of emergency presidential power might seem easy—just turn to Article II of the Constitution. But as Chris Edelson shows, the reality is complicated. In times of crisis, presidents have frequently staked out claims to broad national security power. Ultimately it is up to the Congress, the courts, and the people to decide whether presidents are acting appropriately or have gone too far. Drawing on excerpts from the U.S. Constitution, Supreme Court opinions, Department of Justice memos, and other primary documents, Edelson weighs the various arguments that presidents have used to justify the expansive use of executive power in times of crisis. Emergency Presidential Power uses the historical record to evaluate and analyze presidential actions before and after the terrorist attacks of September 11, 2001. The choices of the twenty-first century, Edelson concludes, have pushed the boundaries of emergency presidential power in ways that may provide dangerous precedents for current and future commanders-in-chief. Winner, Crader Family Book Prize in American Values, Department of History and Crader Family Endowment for American Values, Southeast Missouri State University
Book Synopsis Presidents of War by : Michael Beschloss
Download or read book Presidents of War written by Michael Beschloss and published by Crown. This book was released on 2019-10-22 with total page 754 pages. Available in PDF, EPUB and Kindle. Book excerpt: NEW YORK TIMES BESTSELLER • From a preeminent presidential historian comes a “superb and important” (The New York Times Book Review) saga of America’s wartime chief executives “Fascinating and heartbreaking . . . timely . . . Beschloss’s broad scope lets you draw important crosscutting lessons about presidential leadership.”—Bill Gates Widely acclaimed and ten years in the making, Michael Beschloss’s Presidents of War is an intimate and irresistibly readable chronicle of the Chief Executives who took the United States into conflict and mobilized it for victory. From the War of 1812 to Vietnam, we see these leaders considering the difficult decision to send hundreds of thousands of Americans to their deaths; struggling with Congress, the courts, the press, and antiwar protesters; seeking comfort from their spouses and friends; and dropping to their knees in prayer. Through Beschloss’s interviews with surviving participants and findings in original letters and once-classified national security documents, we come to understand how these Presidents were able to withstand the pressures of war—or were broken by them. Presidents of War combines this sense of immediacy with the overarching context of two centuries of American history, traveling from the time of our Founders, who tried to constrain presidential power, to our modern day, when a single leader has the potential to launch nuclear weapons that can destroy much of the human race. Praise for Presidents of War "A marvelous narrative. . . . As Beschloss explains, the greatest wartime presidents successfully leaven military action with moral concerns. . . . Beschloss’s writing is clean and concise, and he admirably draws upon new documents. Some of the more titillating tidbits in the book are in the footnotes. . . . There are fascinating nuggets on virtually every page of Presidents of War. It is a superb and important book, superbly rendered.”—Jay Winik, The New York Times Book Review "Sparkle and bite. . . . Valuable and engrossing study of how our chief executives have discharged the most significant of all their duties. . . . Excellent. . . . A fluent narrative that covers two centuries of national conflict.” —Richard Snow, The Wall Street Journal
Book Synopsis While Dangers Gather by : William G. Howell
Download or read book While Dangers Gather written by William G. Howell and published by Princeton University Press. This book was released on 2011-06-27 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book War Powers written by Mariah Zeisberg and published by Princeton University Press. This book was released on 2013-07-21 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis War Powers of the President and Congress by : W. Taylor Reveley
Download or read book War Powers of the President and Congress written by W. Taylor Reveley and published by Charlottesville : University Press of Virginia. This book was released on 1981 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discussing what war powers involve and which branch of government should control them, Reverly grapples with the full historical, political and legal complexities of this matter. He identifies the issues that must be considered, given the division of power between the President and Congress and analyzes the four main factors that shape this division -- the text of the Constitution, the purposes of its framers and ratifiers, evolving beliefs about what the Constitution requires and the various divisions of power that have existed between the President and Congress over the past two centuries. Also makes recommendations to achieve a coherent, consistent and workable war-powers policy, without endangering national security or violating the Constitution.
Book Synopsis Constitutional Conflicts between Congress and the President by : Louis Fisher
Download or read book Constitutional Conflicts between Congress and the President written by Louis Fisher and published by University Press of Kansas. This book was released on 2014-08-19 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over three decades after its initial publication, Louis Fisher’s durable classic remains at the head of its class—a book that Congressional Quarterly called “as close to being indispensable as anything published in this field.” This newly revised sixth edition emphatically reinforces that sterling reputation. Fisher dissects the crucial constitutional disputes between the executive and legislative branches of government from the Constitutional Convention through President Clinton’s impeachment battles to the recent controversies over President Bush’s conduct as commander in chief. He ventures beyond traditional discussions of Supreme Court decisions to examine the day-to-day working relationships between the president and Congress. By analyzing a mixture of judicial pronouncements, executive acts, and legislative debates, Fisher pinpoints the critical areas of legislative-executive tension: appointment powers, investigatory powers, legislative and executive vetoes, the budgetary process, and war powers. He then examines these areas of tension within a concrete political and historical context. To scholars, this book offers a comprehensive examination of the institutions and issues of public law. For practitioners, general readers, and students of American government, it demonstrates how constitutional issues shape and define current events. The new edition covers for the first time: * Obama’s military decisions in Afghanistan and Iraq * Military operations against Libya in 2011 * Threatened attacks on Syria in 2013 * Efforts to close Guantánamo * Obama’s recess appointments during a pro forma session * “Fast and Furious” scandal: Holder’s contempt and Obama’s executive privilege * The growth of presidential “czars” * Executive branch secrecy and lack of accountability * State Secrets Privilege after 9/11 * Distinguishing between “implied” powers (constitutional) and “inherent” powers (not constitutional) * Pocket vetoes and the growth of “hybrid vetoes” * New developments in the President’s removal power
Book Synopsis The Imperial Presidency by : Arthur Meier Schlesinger
Download or read book The Imperial Presidency written by Arthur Meier Schlesinger and published by Houghton Mifflin Harcourt. This book was released on 2004 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description
Book Synopsis The Judicial Development of Presidential War Powers by : Martin S. Sheffer
Download or read book The Judicial Development of Presidential War Powers written by Martin S. Sheffer and published by Praeger. This book was released on 1999-02-28 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sheffer deals with some of the oldest continuing constitutional problems confronting the American government: the judicial development of presidential war powers, potential constitutional dictatorship, and a wartime constitution. What enhances these problems is the very cryptic language presented by Article II itself. First, the generalities of Article II are read expansively enough to cover specific presidential actions, while a theory of inherent powers tends to justify the means. This combination of action and theory, Sheffer asserts, presumes that ends and means are determined only by the president. The end result is that presidential action takes on the characteristics of constitutional power. As this casebook demonstrates, in times of grave national emergency—especially war—the president acts as a constitutional dictator. There is a tacit understanding that nothing will be permitted to block the winning of the war. What is necessary, as determined by the chief executive, is done. The president must insure the national survival. Legal niceties are given little attention. Congress does not interfere with the manner in which the president conducts a war; it is a ready ally in almost everything he does, so long as he continues to be successful. As the cases demonstrate, the courts seek to avoid having to rule on the president's conduct, but, when they do rule, they usually uphold the president.
Book Synopsis War Powers Resolution by : Richard F. Grimmett
Download or read book War Powers Resolution written by Richard F. Grimmett and published by DIANE Publishing. This book was released on 2010-11 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis To Chain the Dog of War by : Francis Dunham Wormuth
Download or read book To Chain the Dog of War written by Francis Dunham Wormuth and published by University of Illinois Press. This book was released on 1989 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: "An important book . . . that I wish every member of Congress and would-be president would carefully study." -- George McGovern "A timely and valuable study that makes a useful contribution to preserving the Constitution and our hopes for survival." -- Journal of American History "To Chain the Dog of War does an excellent job of putting together some very complex material, and it comes out at a most propitious time." -- Arthur S. Miller, Professor of Law, George Washington University "A most thorough study. . . . it would be useful is this book could be prescribed to our decision-makers as required reading." -- Louis B. Sohn, University of Georgia, School of Law
Book Synopsis The Reagan Wars by : David Locke Hall
Download or read book The Reagan Wars written by David Locke Hall and published by Routledge. This book was released on 2019-07-11 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Road to War written by Marvin Kalb and published by Rowman & Littlefield. This book was released on 2013-05-09 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Not since Pearl Harbor has an American president gone to Congress to request a declaration of war. Nevertheless, since then, one president after another, from Truman to Obama, has ordered American troops into wars all over the world. From Korea to Vietnam, Panama to Grenada, Lebanon to Bosnia, Afghanistan to Iraq—why have presidents sidestepped declarations of war? Marvin Kalb, former chief diplomatic correspondent for CBS and NBC News, explores this key question in his thirteenth book about the presidency and U.S. foreign policy. Instead of a declaration of war, presidents have justified their war-making powers by citing "commitments," private and public, made by former presidents. Many of these commitments have been honored, but some betrayed. Surprisingly, given the tight U.S.-Israeli relationship, Israeli leaders feel that at times they have been betrayed by American presidents. Is it time for a negotiated defense treaty between the United States and Israel as a way of substituting for a string of secret presidential commitments? From Israel to Vietnam, presidential commitments have proven to be tricky and dangerous. For example, one president after another committed the United States to the defense of South Vietnam, often without explanation. Over the years, these commitments mushroomed into national policy, leading to a war costing 58,000 American lives. Few in Congress or the media chose to question the war's provenance or legitimacy, until it was too late. No president saw the need for a declaration of war, considering one to be old-fashioned. The word of a president can morph into a national commitment. It can become the functional equivalent of a declaration of war. Therefore, whenever a president "commits"the United States to a policy or course of action with, or increasingly without, congressional approval, watch out—the White House may be setting the nation on a road toward war. The Road to War was a 2013 Foreword Reviews honorable mention in the subject of War & Military.
Book Synopsis Congressional Abdication on War and Spending by : Louis Fisher
Download or read book Congressional Abdication on War and Spending written by Louis Fisher and published by Texas A&M University Press. This book was released on 2000 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: "For thirty years Fisher has observed, informed, and even influenced Congress from his position in the Congressional Research Service. As a scholar, he has studied and published several important books on the separation of powers. Now, for the first time, he not only summarizes the well-informed observations of a distinguished career but also analyzes the reasons for this congressional failure of will and advocates practical ways to redress the balance.".
