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Author: Jennifer Elsea Publisher: DIANE Publishing ISBN: 1437983545 Category : Law Languages : en Pages : 112
Book Description
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.
Author: Jennifer Elsea Publisher: DIANE Publishing ISBN: 1437983545 Category : Law Languages : en Pages : 112
Book Description
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.
Author: Jennifer Elsea Publisher: ISBN: Category : War and emergency powers Languages : en Pages : 109
Book Description
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.
Author: Jennifer Elsea Publisher: ISBN: Category : War and emergency powers Languages : en Pages : 109
Book Description
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.
Author: Jennifer K. Elsea Publisher: BiblioGov ISBN: 9781293023075 Category : Languages : en Pages : 116
Book Description
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 enacted authorizations for the use of force rather than formal declarations of war. Such measures have generally 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. 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 enemy property, ...
Author: Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
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.
Author: Jack McDonald Publisher: Oxford University Press ISBN: 0190862637 Category : Political Science Languages : en Pages : 330
Book Description
President Obama was elected on an anti-war platform, yet targeted killings have increased under his command of the 'War on Terror'. The US thinks of itself as upholding the rule of international law and spreading democracy, yet such targeted killings have been widely decried as extra-judicial violations of human rights. This book examines these paradoxes, arguing that they are partially explained by the application of existing legal standards to transnational wars. Critics argue that the kind of war the US claims to be waging - transnational armed conflict - doesn't actually exist. McDonald analyses the concept of transnational war and the legal interpretations that underpin it, and argues that the Obama administration's adherence to the rule of law produces a status quo of violence that is in some ways more disturbing than the excesses of the Bush administration. America's interpretations of sovereignty and international law shape and constitute war itself, with lethal consequences for the named and anonymous persons that it unilaterally defines as participants. McDonald's analysis helps us understand the social and legal construction of legitimate violence in warfare, and the relationship between legal opinions formed in US government departments and acts of violence half a world away.
Author: Tanisha Fazal Publisher: Princeton University Press ISBN: 1400841445 Category : Political Science Languages : en Pages : 315
Book Description
If you were to examine an 1816 map of the world, you would discover that half the countries represented there no longer exist. Yet since 1945, the disappearance of individual states from the world stage has become rare. State Death is the first book to systematically examine the reasons why some states die while others survive, and the remarkable decline of state death since the end of World War II. Grappling with what is a core issue of international relations, Tanisha Fazal explores two hundred years of military invasion and occupation, from eighteenth-century Poland to present-day Iraq, to derive conclusions that challenge conventional wisdom about state death. The fate of sovereign states, she reveals, is largely a matter of political geography and changing norms of conquest. Fazal shows how buffer states--those that lie between two rivals--are the most vulnerable and likely to die except in rare cases that constrain the resources or incentives of neighboring states. She argues that the United States has imposed such constraints with its global norm against conquest--an international standard that has largely prevented the violent takeover of states since 1945. State Death serves as a timely reminder that should there be a shift in U.S. power or preferences that erodes the norm against conquest, violent state death may once again become commonplace in international relations.
Author: Morris J. MacGregor Publisher: Government Printing Office ISBN: 9780160019258 Category : History Languages : en Pages : 672
Book Description
CMH Pub 50-1-1. Defense Studies Series. Discusses the evolution of the services' racial policies and practices between World War II and 1965 during the period when black servicemen and women were integrated into the Nation's military units.
Author: Sarah Burns Publisher: University Press of Kansas ISBN: 0700628738 Category : Political Science Languages : en Pages : 328
Book Description
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.
Author: Jennifer Elsea
Author: Jennifer Elsea
Author: Jennifer Elsea
Author: Jennifer Elsea
Author: David M. Ackerman
Author: Jennifer K. Elsea
Author: 
Author: Jack McDonald
Author: Tanisha Fazal
Author: Morris J. MacGregor
Author: Sarah Burns