Download or read book Declarations of War DOW and Authorizations for the Use of Military Force written by Jennifer Elsea and published by DIANE Publishing. This book was released on 2011-06 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Declarations of War and Authorizations for the Use of Military Force written by Jennifer Elsea and published by . This book was released on 2007 with total page 109 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Declarations of War and Authorizations for the Use of Military Force written by Jennifer Elsea and published by . This book was released on 2011 with total page 109 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Declarations of War and Authorizations for the Use of Military Force written by David M. Ackerman and published by . This book was released on 2001 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Crs Report for Congress written by Jennifer K. Elsea and published by BiblioGov. This book was released on 2013-10 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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, ...
Download or read book Declarations of War and Authorizations for the Use of Military Force written by and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Enemies Known and Unknown written by Jack McDonald and published by Oxford University Press. This book was released on 2017-05-15 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book State Death written by Tanisha Fazal and published by Princeton University Press. This book was released on 2011-10-30 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
Download or read book Introduction to Homeland Defense and Defense Support of Civil Authorities DSCA written by Bert B. Tussing and published by CRC Press. This book was released on 2014-11-24 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: The application of our Armed Forces within the states and territories of the United States is far from intuitive. The challenges of defending the country against assaults within the homeland are much more complex than engaging our enemies on foreign soil. Likewise, the introduction of the military‘s appreciable capabilities in response to disasters
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.
Download or read book The Handbook of International Humanitarian Law written by Michael Bothe and published by Oxford University Press, USA. This book was released on 2013-08-29 with total page 767 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of this work sets out a comprehensive and analytical manual of international humanitarian law, accompanied by case analysis and extensive explanatory commentary by a team of distinguished and internationally renowned experts.
Download or read book Terrorism Documents of International and Local Control 1st Series Index 2009 written by Douglas Lovelace and published by Oxford University Press. This book was released on 2009-08-27 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Although each main-set volume of Terrorism: 1st Series contains its own volume-specific index, this comprehensive Index places all the Index info from the last fifty main-set volumes into one index volume. Furthermore, the volume-specific indexes are only subject indexes, whereas five different indexes appear within this one comprehensive index: the subject index, an index organized according to the title of the document, an index based on the name of the document's author, an index correlated to the document's year, and a subject-by-year index. This one all-encompassing Index thus provides users with multiple ways to conduct research into four years' worth of Terrorism: 1st Series volumes.
Download or read book Terrorism written by and published by . This book was released on 2009 with total page 840 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Living Presidency written by Saikrishna Bangalore Prakash and published by Harvard University Press. This book was released on 2020-04-21 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: A constitutional originalist sounds the alarm over the presidency’s ever-expanding powers, ascribing them unexpectedly to the liberal embrace of a living Constitution. Liberal scholars and politicians routinely denounce the imperial presidency—a self-aggrandizing executive that has progressively sidelined Congress. Yet the same people invariably extol the virtues of a living Constitution, whose meaning adapts with the times. Saikrishna Bangalore Prakash argues that these stances are fundamentally incompatible. A constitution prone to informal amendment systematically favors the executive and ensures that there are no enduring constraints on executive power. In this careful study, Prakash contends that an originalist interpretation of the Constitution can rein in the “living presidency” legitimated by the living Constitution. No one who reads the Constitution would conclude that presidents may declare war, legislate by fiat, and make treaties without the Senate. Yet presidents do all these things. They get away with it, Prakash argues, because Congress, the courts, and the public routinely excuse these violations. With the passage of time, these transgressions are treated as informal constitutional amendments. The result is an executive increasingly liberated from the Constitution. The solution is originalism. Though often associated with conservative goals, originalism in Prakash’s argument should appeal to Republicans and Democrats alike, as almost all Americans decry the presidency’s stunning expansion. The Living Presidency proposes a baker’s dozen of reforms, all of which could be enacted if only Congress asserted its lawful authority.
Download or read book The Armed Forces Officer written by Richard Moody Swain and published by Government Printing Office. This book was released on 2017 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1950, when he commissioned the first edition of The Armed Forces Officer, Secretary of Defense George C. Marshall told its author, S.L.A. Marshall, that "American military officers, of whatever service, should share common ground ethically and morally." In this new edition, the authors methodically explore that common ground, reflecting on the basics of the Profession of Arms, and the officer's special place and distinctive obligations within that profession and especially to the Constitution.
Download or read book The Law of War written by William H. Boothby and published by Cambridge University Press. This book was released on 2018-03-29 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: A detailed and highly authoritative critical commentary appraising the vitally important United States Department of Defense Law of War Manual.
