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Author: Louis Fisher Publisher: ISBN: Category : Law Languages : en Pages : 344
Book Description
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.
Author: Louis Fisher Publisher: ISBN: Category : Law Languages : en Pages : 344
Book Description
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.
Author: Mariah Zeisberg Publisher: Princeton University Press ISBN: 0691168032 Category : Political Science Languages : en Pages : 286
Book Description
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.
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: Peter Irons Publisher: 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.
Author: John Yoo Publisher: 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
Author: Brian Massumi Publisher: Duke University Press ISBN: 0822375192 Category : Philosophy Languages : en Pages : 263
Book Description
Color coded terror alerts, invasion, drone war, rampant surveillance: all manifestations of the type of new power Brian Massumi theorizes in Ontopower. Through an in-depth examination of the War on Terror and the culture of crisis, Massumi identifies the emergence of preemption, which he characterizes as the operative logic of our time. Security threats, regardless of the existence of credible intelligence, are now felt into reality. Whereas nations once waited for a clear and present danger to emerge before using force, a threat's felt reality now demands launching a preemptive strike. Power refocuses on what may emerge, as that potential presents itself to feeling. This affective logic of potential washes back from the war front to become the dominant mode of power on the home front as well. This is ontopower—the mode of power embodying the logic of preemption across the full spectrum of force, from the “hard” (military intervention) to the "soft" (surveillance). With Ontopower, Massumi provides an original theory of power that explains not only current practices of war but the culture of insecurity permeating our contemporary neoliberal condition.
Author: Stephen Biddle Publisher: Princeton University Press ISBN: 1400837820 Category : Political Science Languages : en Pages : 352
Book Description
In war, do mass and materiel matter most? Will states with the largest, best equipped, information-technology-rich militaries invariably win? The prevailing answer today among both scholars and policymakers is yes. But this is to overlook force employment, or the doctrine and tactics by which materiel is actually used. In a landmark reconception of battle and war, this book provides a systematic account of how force employment interacts with materiel to produce real combat outcomes. Stephen Biddle argues that force employment is central to modern war, becoming increasingly important since 1900 as the key to surviving ever more lethal weaponry. Technological change produces opposite effects depending on how forces are employed; to focus only on materiel is thus to risk major error--with serious consequences for both policy and scholarship. In clear, fluent prose, Biddle provides a systematic account of force employment's role and shows how this account holds up under rigorous, multimethod testing. The results challenge a wide variety of standard views, from current expectations for a revolution in military affairs to mainstream scholarship in international relations and orthodox interpretations of modern military history. Military Power will have a resounding impact on both scholarship in the field and on policy debates over the future of warfare, the size of the military, and the makeup of the defense budget.
Author: Risa Brooks Publisher: Stanford University Press ISBN: 9780804768092 Category : Political Science Languages : en Pages : 276
Book Description
Creating Military Power examines how societies, cultures, political structures, and the global environment affect countries' military organizations. Unlike most analyses of countries' military power, which focus on material and basic resources—such as the size of populations, technological and industrial base, and GNP—this volume takes a more expansive view. The study's overarching argument is that states' global environments and the particularities of their cultures, social structures, and political institutions often affect how they organize and prepare for war, and ultimately impact their effectiveness in battle. The creation of military power is only partially dependent on states' basic material and human assets. Wealth, technology, and human capital certainly matter for a country's ability to create military power, but equally important are the ways a state uses those resources, and this often depends on the political and social environment in which military activity takes place.
Author: Louis Fisher
Author: Louis Fisher
Author: Louis Fisher
Author: Mariah Zeisberg
Author: Sarah Burns
Author: Carl von Clausewitz
Author: Peter Irons
Author: John Yoo
Author: Brian Massumi
Author: Stephen Biddle
Author: Risa Brooks