Author: William WhitingPublisher:
ISBN:
Category : Executive power
Languages : en
Pages : 374
Book Description
War Powers Under the Constitution of the United States
Author: William WhitingPublisher:
ISBN:
Category : Executive power
Languages : en
Pages : 374
Book Description
Long Wars and the Constitution
Author: Stephen M. GriffinPublisher: Harvard University Press
ISBN: 0674074459
Category : Political Science
Languages : en
Pages : 375
Book Description
Extension of presidential leadership in foreign affairs to war powers has destabilized our constitutional order and deranged our foreign policy. Stephen M. Griffin shows unexpected connections between the imperial presidency and constitutional crises, and argues for accountability by restoring Congress to a meaningful role in decisions for war.
The Powers of War and Peace
Author: John YooPublisher: University of Chicago Press
ISBN: 0226960331
Category : Political Science
Languages : en
Pages : 379
Book Description
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
War Powers Under the Constitution of the United States
Author: William WhitingPublisher:
ISBN:
Category : Executive power
Languages : en
Pages : 736
Book Description
The Constitution in Wartime
Author: Mark TushnetPublisher: Duke University Press
ISBN: 0822386909
Category : Law
Languages : en
Pages : 273
Book Description
Most recent discussion of the United States Constitution and war—both the war on terrorism and the war in Iraq—has been dominated by two diametrically opposed views: the alarmism of those who see many current policies as portending gross restrictions on American civil liberties, and the complacency of those who see these same policies as entirely reasonable accommodations to the new realities of national security. Whatever their contributions to the public discussion and policy-making processes, these voices contribute little to an understanding of the real constitutional issues raised by war. Providing the historical and legal context needed to assess competing claims, The Constitution in Wartime identifies and explains the complexities of the important constitutional issues brought to the fore by wartime actions and policies. Twelve prominent legal scholars and political scientists combine broad overviews of U.S. history and contemporary policy with detailed yet accessible analyses of legal issues of pressing concern today. Some of the essays are broad in scope, reflecting on national character, patriotism, and political theory; exploring whether war and republican government are compatible; and considering in what sense we can be said to be in wartime circumstances today. Others are more specific, examining the roles of Congress, the presidency, the courts, and the international legal community. Throughout the collection, balanced, unbiased analysis leads to some surprising conclusions, one of which is that wartime conditions have sometimes increased, rather than curtailed, civil rights and civil liberties. For instance, during the cold war, government officials regarded measures aimed at expanding African Americans’ freedom at home as crucial to improving America’s image abroad. Contributors. Sotirios Barber, Mark Brandon, James E. Fleming, Mark Graber, Samuel Issacharoff, David Luban, Richard H. Pildes, Eric Posner, Peter Spiro, William Michael Treanor, Mark Tushnet, Adrian Vermeule
Prejudice, War, and the Constitution
Author: Jacobus tenBroekPublisher: Univ of California Press
ISBN: 9780520012622
Category : History
Languages : en
Pages : 428
Book Description
During World War II, 110,000 citizens and resident aliens of Japanese ancestry were banished from their homes and confined behind barbed wire for two and a half years. This comprehensive work surveys the historical origins, political characteristics, and legal consequences of that calamitous episode. The authors describe the myths and suspicions about Orientals on the West Coast and trace the influence of racial bigotry in the evacuation and in the court cases growing out of it. A theory is advanced to account for the administrative and legal decisions which initiated and concluded this calamity. Finally, the authors analyze the principal constitutional issues involved in the evacuation and their implications for the future.
War Powers under the Constitution of the United States
Author: William WhitingPublisher: BoD – Books on Demand
ISBN: 3368123785
Category : Fiction
Languages : en
Pages : 730
Book Description
Reprint of the original, first published in 1871.
War Powers Under the Constitution of the United States Military Arrests, Reconstruction and Military Government by William Whiting
Author: William WhitingWar Powers
Author: Peter IronsPublisher: Macmillan
ISBN: 9780805080179
Category : Law
Languages : en
Pages : 328
Book Description
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.
War Powers Under the Constitution of the United States
Author: William WhitingPublisher: Hardpress Publishing
ISBN: 9781314567465
Category :
Languages : en
Pages : 376
Book Description
Unlike some other reproductions of classic texts (1) We have not used OCR(Optical Character Recognition), as this leads to bad quality books with introduced typos. (2) In books where there are images such as portraits, maps, sketches etc We have endeavoured to keep the quality of these images, so they represent accurately the original artefact. Although occasionally there may be certain imperfections with these old texts, we feel they deserve to be made available for future generations to enjoy.