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Statutory Authorities Triggered By A Declaration Of War And Or A Declaration Of National Emergency
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Book Synopsis Statutory Authorities Triggered by a Declaration of War And/or a Declaration of National Emergency by : David M. Ackerman
Download or read book Statutory Authorities Triggered by a Declaration of War And/or a Declaration of National Emergency written by David M. Ackerman and published by . This book was released on 1991 with total page 17 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Declarations of War (DOW) and Authorizations for the Use of Military Force by : Jennifer Elsea
Download or read book Declarations of War (DOW) and Authorizations for the Use of Military Force written by Jennifer Elsea and published by DIANE Publishing. This book was released on 2011-06 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the Washington Admin. to the present, Congress and the Pres. have enacted 11 separate formal DoW against foreign nations in five different wars. This report provides historical background on the enactment of DoW and authorizations for the use of force and analyzes their legal effects under internat. and U.S. domestic law. It also sets forth their texts in two appendices. The report includes an extensive listing and summary of statutes that are triggered by a DoW, a declaration of national emergency, and/or the existence of a state of war. Also includes a summary of the congressional procedures applicable to the enactment of a DoW or authorization for the use of force and to measures under the War Powers Resolution. This is a print on demand report.
Book Synopsis National Emergency Powers by : L Elaine Halchin
Download or read book National Emergency Powers written by L Elaine Halchin and published by Independently Published. This book was released on 2019-04-05 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: The President of the United States has available certain powers that may be exercised in the event that the nation is threatened by crisis, exigency, or emergency circumstances (other than natural disasters, war, or near-war situations). Such powers may be stated explicitly or implied by the Constitution, assumed by the Chief Executive to be permissible constitutionally, or inferred from or specified by statute. Through legislation, Congress has made a great many delegations of authority in this regard over the past 230 years. There are, however, limits and restraints upon the President in his exercise of emergency powers. With the exception of the habeas corpus clause, the Constitution makes no allowance for the suspension of any of its provisions during a national emergency. Disputes over the constitutionality or legality of the exercise of emergency powers are judicially reviewable. Both the judiciary and Congress, as co-equal branches, can restrain the executive regarding emergency powers. So can public opinion. Since 1976, the President has been subject to certain procedural formalities in utilizing some statutorily delegated emergency authority. The National Emergencies Act (50 U.S.C. §§1601-1651) eliminated or modified some statutory grants of emergency authority, required the President to formally declare the existence of a national emergency and to specify what statutory authority activated by the declaration would be used, and provided Congress a means to countermand the President's declaration and the activated authority being sought. The development of this regulatory statute and subsequent declarations of national emergency are reviewed in this report.
Book Synopsis National Emergency Powers by : Harold C. Relyea
Download or read book National Emergency Powers written by Harold C. Relyea and published by . This book was released on 2003 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report describes Presidents emergency. Federal law provides a variety of powers for the President to use in response to crisis, exigency, or emergency circumstances threatening the nation. Moreover, they are not limited to military or war situations.
Book Synopsis Declarations of War and Authorizations for the Use of Military Force by : Jennifer Elsea
Download or read book Declarations of War and Authorizations for the Use of Military Force written by Jennifer Elsea and published by . This book was released on 2007 with total page 109 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report provides historical background on the enactment of declarations of war and authorizations for the use of force and analyzes their legal effects under international and domestic law. It also sets forth their texts in two appendices. Because the statutes that confer standby authority on the President and the executive branch potentially play such a large role in an armed conflict to which the United States is a party, the report includes an extensive listing and summary of the statutes that are triggered by a declaration of war, a declaration of national emergency, and/or the existence of a state of war. The report concludes with a summary of the congressional procedures applicable to the enactment of a declaration of war or authorization for the use of force and to measures under War Powers Resolution.
Book Synopsis Declarations of War and Authorizations for the Use of Military Force by : Jennifer Elsea
Download or read book Declarations of War and Authorizations for the Use of Military Force written by Jennifer Elsea and published by . This book was released on 2011 with total page 109 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report provides historical background on the enactment of declarations of war and authorizations for the use of force and analyzes their legal effects under international and domestic law. It also sets forth their texts in two appendices. Because the statutes that confer standby authority on the President and the executive branch potentially play such a large role in an armed conflict to which the United States is a party, the report includes an extensive listing and summary of the statutes that are triggered by a declaration of war, a declaration of national emergency, and/or the existence of a state of war. The report concludes with a summary of the congressional procedures applicable to the enactment of a declaration of war or authorization for the use of force and to measures under War Powers Resolution.
Download or read book National Emergency Powers written by and published by . This book was released on 2003 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt: The President of the United States has available certain powers that may be exercised in the event that the nation is threatened by crisis, exigency, or emergency circumstances (other than natural disasters, war, or near-war situations). Such powers may be stated explicitly or implied by the Constitution, assumed by the Chief Executive to be permissible constitutionally, or inferred from or specified by statute. Through legislation, Congress has made a great many delegations of authority in this regard over the past 200 years. There are, however, limits and restraints upon the President in his exercise of emergency powers. With the exception of the habeas corpus clause, the Constitution makes no allowance for the suspension of any of its provisions during a national emergency. Disputes over the constitutionality or legality of the exercise of emergency powers are judicially reviewable. Indeed, both the judiciary and Congress, as co-equal branches, can restrain the executive regarding emergency powers. So can public opinion. Furthermore, since 1976, the President has been subject to certain procedural formalities in utilizing some statutorily delegated emergency authority. The National Emergencies Act (50 U.S.C. 1601-1651) eliminated or modified some statutory grants of emergency authority, required the President to declare formally the existence of a national emergency and to specify what statutory authority, activated by the declaration, would be used, and provided Congress a means to countermand the President's declaration and the activated authority being sought. The development of this regulatory statute and subsequent declarations of national emergency are reviewed in this report, which is updated as events require.
Book Synopsis National Emergency Powers by : Harold C. Relyea
Download or read book National Emergency Powers written by Harold C. Relyea and published by . This book was released on 2011-09-08 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt: The President of the U.S. has available certain powers that may be exercised in the event that the nation is threatened by crisis, exigency, or emergency circumstances (other than natural disasters, war, or near-war situations). Such powers may be stated explicitly or implied by the Constitution, assumed by the Chief Executive to be permissible constitutionally, or inferred from or specified by statute. Through legislation, Congress has made a great many delegations of authority in this regard over the past 200 years. There are, however, limits and restraints upon the President in his exercise of emergency powers. With the exception of the habeas corpus clause, the Constitution makes no allowance for the suspension of any of its provisions during a national emergency. Disputes over the constitutionality or legality of the exercise of emergency powers are judicially reviewable. Indeed, both the judiciary and Congress, as co-equal branches, can restrain the executive regarding emergency powers. So can public opinion. Furthermore, since 1976, the President has been subject to certain procedural formalities in utilizing some statutorily delegated emergency authority. The National Emergencies Act eliminated or modified some statutory grants of emergency authority; required the President to declare formally the existence of a national emergency and to specify what statutory authority, activated by the declaration, would be used; and provided Congress a means to countermand the President's declaration and the activated authority being sought. This report reviews the development of this regulatory statute and subsequent declarations of national emergency. Table. This is a print on demand report.
Book Synopsis Declarations of War and Authorizations for Military Forces by : Jennifer Elsea
Download or read book Declarations of War and Authorizations for Military Forces written by Jennifer Elsea and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides historical background on the enactment of declarations of war and authorisations for the use of force and analyses their legal effects under international and domestic law. It also sets forth their texts in two appendices. Because the statutes that confer standby authority on the President and the executive branch potentially play such a large role in an armed conflict to which the United States is a party, the book includes an extensive listing and summary of the statutes that are triggered by a declaration of war, a declaration of national emergency, and/or the existence of a state of war. The book concludes with a summary of the congressional procedures applicable to the enactment of a declaration of war or authorisation for the use of force and to measures under the War Powers Resolution.
Book Synopsis Declarations of War and Authorizations for the Use of Military Force by :
Download or read book Declarations of War and Authorizations for the Use of Military Force written by and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the Washington Administration to the present, Congress and the President have enacted 11 separate formal declarations of war against foreign nations in five different wars. Each declaration has been preceded by a presidential request either in writing or in person before a joint session of Congress. The reasons cited in justification for the requests have included armed attacks on United States territory or its citizens and threats to United States rights or interests as a sovereign nation. Congress and the President have also on a number of occasions enacted authorizations for the use of force instead of declarations of war. Most commonly, such measures have authorized the use of force against either a named country or unnamed hostile nations in a given region. In most cases, the President has requested the authority, but Congress has sometimes given the President less than what he asked for. In contrast to the declarations of war, not all authorizations for the use of force have resulted in actual combat. Both declarations and authorizations require the signature of the President in order to become law. In contrast to an authorization, a declaration of war in itself creates a state of war under international law and legitimates the killing of enemy combatants, the seizure of its property, and the apprehension of enemy aliens. At one time, a declaration was deemed a necessary legal prerequisite to a war and was also thought to terminate diplomatic and commercial relations and most treaties between the combatants. In the modern era, the international legal consequences of declarations have become less determinate; in fact, declarations have rarely been issued since World War II. Perhaps most important, neither a declaration nor an authorization is necessary to trigger application of the laws of war, such as the Hague and Geneva Conventions; for that, the fact of armed conflict is the controlling circumstance. With respect to domestic law, a declaration of war automatically triggers many standby statutory authorities conferring special powers on the President with respect to the military, foreign trade, transportation, communications, manufacturing, alien enemies, etc. In contrast, no standby authorities appear to be triggered automatically by an authorization for the use of force. Most standby authorities do not require a declaration of war to be actualized but can be triggered by a declaration of national emergency or simply by the existence of a state of war. Declarations of war and authorizations for the use of force waive the time limitations otherwise applicable to the use of force imposed by the War Powers Resolution. This report provides historical background on the enactment of declarations of war and authorizations for the use of force and analyzes their legal effects under international and domestic law. It also sets forth their texts in two appendices. Because the statutes that confer standby authority on the President and the executive branch potentially play such a large role in an armed conflict to which the United States is a party, the report includes an extensive listing and summary of the statutes that are triggered by a declaration of war, a declaration of national emergency, and/or the existence of a state of war. The report concludes with a summary of the congressional procedures applicable to the enactment of a declaration of war or authorization for the use of force and to measures under the War Powers Resolution. The report will be updated as circumstances warrant.
Book Synopsis Enactment of War and the Use of Military Force by : Craig Perez
Download or read book Enactment of War and the Use of Military Force written by Craig Perez and published by . This book was released on 2015 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article I, Section 8, of the Constitution vests in Congress the power to declare War. Pursuant to that power, Congress has enacted 11 declarations of war during the course of American history relating to five different wars, the most recent being those that were adopted during World War II. In addition, Congress has adopted a number of authorizations for the use of military force, the most recent being the joint resolution enacted on October 16, 2002, authorizing the use of military force against Iraq. To buttress the nation's ability to prosecute a war or armed conflict, Congress has also enacted numerous statutes which confer standby authority on the President or the executive branch and are activated by the enactment of a declaration of war, the existence of a state of war, or the promulgation of a declaration of national emergency.This book examines a number of topics related to declarations of war and authorizations for the use of military force by the United States. It provides historical background on each of the declarations of war and on several major authorizations for the use of force that have been enacted; analyzes the implications of declarations of war and authorizations for the use of force under both international law and domestic law; lists and summarizes the more than 250 standby statutory authorities that can come into effect pursuant to a declaration of war, the existence of a state of war, and/or a declaration of national emergency; describes the procedures in Congress governing the consideration of declarations of war and authorizations for the use of force, including the procedures under the War Powers Resolution; and sets forth in two appendices the texts of all of the declarations of war and the major authorizations for the use of force that have been enacted.
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 Guide for All-Hazard Emergency Operations Planning by : Kay C. Goss
Download or read book Guide for All-Hazard Emergency Operations Planning written by Kay C. Goss and published by DIANE Publishing. This book was released on 1998-05 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Meant to aid State & local emergency managers in their efforts to develop & maintain a viable all-hazard emergency operations plan. This guide clarifies the preparedness, response, & short-term recovery planning elements that warrant inclusion in emergency operations plans. It offers the best judgment & recommendations on how to deal with the entire planning process -- from forming a planning team to writing the plan. Specific topics of discussion include: preliminary considerations, the planning process, emergency operations plan format, basic plan content, functional annex content, hazard-unique planning, & linking Federal & State operations.
Book Synopsis Declarations of War and Authorizations for the Use of Military Force by : David M. Ackerman
Download or read book Declarations of War and Authorizations for the Use of Military Force written by David M. Ackerman and published by . This book was released on 2001 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Intersection of Law and War by : Kristen Boon
Download or read book The Intersection of Law and War written by Kristen Boon and published by Oxford University Press, USA. This book was released on 2012 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on various topics in the worldwide effort to combat terrorism. Among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service (CRS) and the Government Accountability Office (GAO), United Nations Security Council resolutions, reports and investigations by the United Nations Secretary-General and other dedicated UN bodies, and case law from the U.S. and around the globe covering issues related to terrorism. Most volumes carry a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law. Volume 126, The Intersection of Law and War, takes a fresh look at the ways in which law and war intersect in this modern age of multifaceted and multidimensional warfare. Professor Douglas Lovelace, Jr. has organized Congressional Research Service reports and United Nations studies to discuss how U.S. law and international law bear on contemporary national security issues such as: terrorism in the context of the war powers debate; the use of drones for targeted killings; maintaining and closing the U.S. detention facility at Guantanamo Bay; and illegal border crossing into the United States.
Book Synopsis Developing and Maintaining Emergency Operations Plans by : United States. Federal Emergency Management Agency
Download or read book Developing and Maintaining Emergency Operations Plans written by United States. Federal Emergency Management Agency and published by . This book was released on 2010 with total page 75 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprehensive Preparedness Guide (CPG) 101 provides guidelines on developing emergency operations plans (EOP). It promotes a common understanding of the fundamentals of risk-informed planning and decision making to help planners examine a hazard or threat and produce integrated, coordinated, and synchronized plans. The goal of CPG 101 is to make the planning process routine across all phases of emergency management and for all homeland security mission areas. This Guide helps planners at all levels of government in their efforts to develop and maintain viable all-hazards, all-threats EOPs. Accomplished properly, planning provides a methodical way to engage the whole community in thinking through the life cycle of a potential crisis, determining required capabilities, and establishing a framework for roles and responsibilities. It shapes how a community envisions and shares a desired outcome, selects effective ways to achieve it, and communicates expected results. Each jurisdiction's plans must reflect what that community will do to address its specific risks with the unique resources it has or can obtain.
Download or read book The Persian Gulf Crisis written by and published by . This book was released on 1991 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt:
