[PDF] War Powers eBook

Author : Mariah Zeisberg
Publisher : Princeton University Press
Page : 287 pages
File Size : 26,38 MB
Release : 2013-07-21
Category : Political Science
ISBN : 1400846773

GET BOOK

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 : Louis Fisher
Publisher :
Page : 344 pages
File Size : 35,25 MB
Release : 2004
Category : Law
ISBN :

GET BOOK

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 : Sarah Burns
Publisher : University Press of Kansas
Page : 328 pages
File Size : 29,92 MB
Release : 2019-11-15
Category : Political Science
ISBN : 0700628738

GET BOOK

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 : John Yoo
Publisher : University of Chicago Press
Page : 379 pages
File Size : 16,4 MB
Release : 2008-09-15
Category : Political Science
ISBN : 0226960331

GET BOOK

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
Page : 263 pages
File Size : 11,54 MB
Release : 2015-07-23
Category : Philosophy
ISBN : 0822375192

GET BOOK

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 : William G. Howell
Publisher : Princeton University Press
Page : 360 pages
File Size : 44,77 MB
Release : 2011-06-27
Category : Political Science
ISBN : 140084083X

GET BOOK

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.

Author : Charlie Savage
Publisher : Little, Brown
Page : 1067 pages
File Size : 39,84 MB
Release : 2015-11-03
Category : Political Science
ISBN : 0316286605

GET BOOK

Pulitzer Prize-winning journalist Charlie Savage's penetrating investigation of the Obama presidency and the national security state. Barack Obama campaigned on changing George W. Bush's "global war on terror" but ended up entrenching extraordinary executive powers, from warrantless surveillance and indefinite detention to military commissions and targeted killings. Then Obama found himself bequeathing those authorities to Donald Trump. How did the United States get here? In Power Wars, Charlie Savage reveals high-level national security legal and policy deliberations in a way no one has done before. He tells inside stories of how Obama came to order the drone killing of an American citizen, preside over an unprecendented crackdown on leaks, and keep a then-secret program that logged every American's phone calls. Encompassing the first comprehensive history of NSA surveillance over the past forty years as well as new information about the Osama bin Laden raid, Power Wars equips readers to understand the legacy of Bush's and Obama's post-9/11 presidencies in the Trump era.

Author : Donald L. Westerfield
Publisher : Praeger
Page : 280 pages
File Size : 24,70 MB
Release : 1996-04-16
Category : History
ISBN :

GET BOOK

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.

Author : Peter Irons
Publisher : Macmillan
Page : 328 pages
File Size : 44,75 MB
Release : 2006-05-02
Category : Law
ISBN : 9780805080179

GET BOOK

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 : Retort (Organization : San Francisco, Calif.)
Publisher : Verso
Page : 232 pages
File Size : 15,68 MB
Release : 2005-06-17
Category : Political Science
ISBN : 9781844670314

GET BOOK

"Afflicted Powers is an account of world politics since September 11, 2001. It aims to confront the perplexing doubleness of the present - its lethal mixture of atavism and new-fangledness. A brute return of the past, calling to mind now the Scramble for Africa, now the Wars of Religion, is accompanied by an equally monstrous political deployment of (and entrapment in) the apparatus of a hyper-modern production of appearances."--BOOK JACKET.