Presidential War Power

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Publisher :
ISBN 13 :
Total Pages : 344 pages
Book Rating : 4.3/5 (91 download)

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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.

War Powers of the President and Congress

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Publisher : Charlottesville : University Press of Virginia
ISBN 13 :
Total Pages : 428 pages
Book Rating : 4.3/5 (91 download)

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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.

The Politics of War Powers

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Publisher : University Press of Kansas
ISBN 13 : 0700628738
Total Pages : 328 pages
Book Rating : 4.7/5 (6 download)

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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.

The Powers of War and Peace

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Publisher : University of Chicago Press
ISBN 13 : 0226960331
Total Pages : 378 pages
Book Rating : 4.2/5 (269 download)

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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

Congress, the President, and the War Powers

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Author :
Publisher :
ISBN 13 :
Total Pages : 612 pages
Book Rating : 4.3/5 (129 download)

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Book Synopsis Congress, the President, and the War Powers by : United States. Congress. House. Committee on Foreign Affairs. Subcommittee on National Security Policy and Scientific Developments

Download or read book Congress, the President, and the War Powers written by United States. Congress. House. Committee on Foreign Affairs. Subcommittee on National Security Policy and Scientific Developments and published by . This book was released on 1970 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Presidents of War

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Publisher : Crown
ISBN 13 : 0307409619
Total Pages : 754 pages
Book Rating : 4.3/5 (74 download)

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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

War Powers

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Author :
Publisher : Praeger
ISBN 13 :
Total Pages : 280 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis War Powers by : Donald L. Westerfield

Download or read book War Powers written by Donald L. Westerfield and published by Praeger. This book was released on 1996-04-16 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study provides a balanced and scholarly analysis of the war powers controversy, a controversy as old as the Constitution and as current as the conflicts in the Persian Gulf and the Balkans. The work examines the debates among the Founding Fathers, Congressional and United Nations resolutions, communications between the Executive and Congress, as well as other issues surrounding the use of military force in foreign conflicts. The author considers the impact on the war powers controversy of the ways in which warfare has changed: from conventional to electronic and from major ground force actions to swift air strikes and rapid response troop deployments. Particularly relevant is the author's examination of war powers in the present time of overall world peace but sporadic regional conflict, the context in which the struggle between Congress and the Executive over war-making limits and constraints continues. This work will be of interest to scholars and students alike in American government, politics, and military studies.

While Dangers Gather

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Publisher : Princeton University Press
ISBN 13 : 140084083X
Total Pages : 360 pages
Book Rating : 4.4/5 (8 download)

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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.

The War-making Powers of the President

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Publisher :
ISBN 13 :
Total Pages : 200 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The War-making Powers of the President by : Ann Van Wynen Thomas

Download or read book The War-making Powers of the President written by Ann Van Wynen Thomas and published by . This book was released on 1982 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The War Powers of the President

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Publisher :
ISBN 13 :
Total Pages : 162 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis The War Powers of the President by : William Whiting

Download or read book The War Powers of the President written by William Whiting and published by . This book was released on 1862 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt:

War Powers

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Publisher : Princeton University Press
ISBN 13 : 1400846773
Total Pages : 287 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis War Powers by : Mariah Zeisberg

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.

War Powers

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Publisher : Macmillan
ISBN 13 : 9780805080179
Total Pages : 328 pages
Book Rating : 4.0/5 (81 download)

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Book Synopsis War Powers by : Peter Irons

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.

Constitutional Conflicts between Congress and the President

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Publisher : University Press of Kansas
ISBN 13 : 0700619984
Total Pages : 384 pages
Book Rating : 4.7/5 (6 download)

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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

The War Powers of the President, and the Legislative Powers of Congress in Relation to Rebellion, Treason and Slavery

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Author :
Publisher : LLMC
ISBN 13 :
Total Pages : 153 pages
Book Rating : 4./5 ( download)

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Book Synopsis The War Powers of the President, and the Legislative Powers of Congress in Relation to Rebellion, Treason and Slavery by :

Download or read book The War Powers of the President, and the Legislative Powers of Congress in Relation to Rebellion, Treason and Slavery written by and published by LLMC. This book was released on with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The War Powers Resolution

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Author :
Publisher : Createspace Independent Publishing Platform
ISBN 13 : 9781545111680
Total Pages : 98 pages
Book Rating : 4.1/5 (116 download)

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Book Synopsis The War Powers Resolution by : Congressional Research Service

Download or read book The War Powers Resolution written by Congressional Research Service and published by Createspace Independent Publishing Platform. This book was released on 2017-04-03 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report discusses and assesses the War Powers Resolution and its application since enactment in 1973, providing detailed background on various cases in which it was used, as well as cases in which issues of its applicability were raised. It will be revised biannually. In the post-Cold War world, Presidents have continued to commit U.S. Armed Forces into potential hostilities, sometimes without a specific authorization from Congress. Thus the War Powers Resolution and its purposes continue to be a potential subject of controversy. On June 7, 1995, the House defeated, by a vote of 217-201, an amendment to repeal the central features of the War Powers Resolution that have been deemed unconstitutional by every President since the law's enactment in 1973. In 1999, after the President committed U.S. military forces to action in Yugoslavia without congressional authorization, Representative Tom Campbell used expedited procedures under the Resolution to force a debate and votes on U.S. military action in Yugoslavia, and later sought, unsuccessfully, through a federal court suit to enforce presidential compliance with the terms of the War Powers Resolution. The War Powers Resolution P.L. 93-148 was passed over the veto of President Nixon on November 7, 1973, to provide procedures for Congress and the President to participate in decisions to send U.S. Armed Forces into hostilities. Section 4(a)(1) requires the President to report to Congress any introduction of U.S. forces into hostilities or imminent hostilities. When such a report is submitted, or is required to be submitted, Section 5(b) requires that the use of forces must be terminated within 60 to 90 days unless Congress authorizes such use or extends the time period. Section 3 requires that the "President in every possible instance shall consult with Congress before introducing" U.S. Armed Forces into hostilities or imminent hostilities. From 1975 through March 2017, Presidents have submitted 168 reports as the result of the War Powers Resolution, but only one, the 1975 Mayaguez seizure, cited Section 4(a)(1), which triggers the 60-day withdrawal requirement, and in this case the military action was completed and U.S. armed forces had disengaged from the area of conflict when the report was made. The reports submitted by the President since enactment of the War Powers Resolution cover a range of military activities, from embassy evacuations to full-scale combat military operations, such as the Persian Gulf conflict, and the 2003 war with Iraq, the intervention in Kosovo, and the anti-terrorism actions in Afghanistan. In some instances, U.S. Armed Forces have been used in hostile situations without formal reports to Congress under the War Powers Resolution. On one occasion, Congress exercised its authority to determine that the requirements of Section 4(a)(1) became operative on August 29, 1983, through passage of the Multinational Force in Lebanon Resolution (P.L. 98-119). In 1991 and 2002, Congress authorized, by law, the use of military force against Iraq. In several instances none of the President, Congress, or the courts has been willing to initiate the procedures of or enforce the directives in the War Powers Resolution.

Current Foreign Policy, Congress, the President, and the War Powers

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Author :
Publisher :
ISBN 13 :
Total Pages : 16 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Current Foreign Policy, Congress, the President, and the War Powers by : William Pierce Rogers

Download or read book Current Foreign Policy, Congress, the President, and the War Powers written by William Pierce Rogers and published by . This book was released on 1971 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The War Powers of the President, and the Legislative Powers of Congress in Relation to Rebellion, Treason and Slavery

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Author :
Publisher : Sagwan Press
ISBN 13 : 9781376943115
Total Pages : 154 pages
Book Rating : 4.9/5 (431 download)

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Book Synopsis The War Powers of the President, and the Legislative Powers of Congress in Relation to Rebellion, Treason and Slavery by : William Whiting

Download or read book The War Powers of the President, and the Legislative Powers of Congress in Relation to Rebellion, Treason and Slavery written by William Whiting and published by Sagwan Press. This book was released on 2018-02-07 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.