Download or read book The Powers of War and Peace written by John Yoo and published by University of Chicago Press. This book was released on 2008-09-15 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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 Executive Power to Make War written by Francis Paul Butler and published by . This book was released on 1975 with total page 778 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution is clear on the subject of war powers: Congress, a body representative of the people, was to be trusted with the powers. Capable of deliberation, the Congress would be less likely to commit the nation to a hasty, unwise course of action than the executive, and so it was in most instances until 1940. In this past quarter century, Presidentially initiated hostilities based on 'precedent' and 'inherent powers' resulted in interventions in Korea, the Dominican Republic, Vietnam and Cambodia. The author maintains that centralization of the war power in the Executive has increased the stature and prominence of deception, leading to the rule of man rather than the rule of law. A decision arrived at by a single man often does not receive the benefit of opposing views and is often arrived at in secrecy; this is especially true of a decision to arm and commit the nation to war. In the absence of an external threat, the Executive, to accomplish policy which it considers to be in the national interest, has in the past quarter century committed the nation to armed hostilities knowing well the adverse reaction the decision would receive had it been aired in public.

Download or read book War Powers written by Peter Irons and published by Macmillan. This book was released on 2006-05-02 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Presidents of War written by Michael Beschloss and published by Crown. This book was released on 2019-10-22 with total page 754 pages. Available in PDF, EPUB and Kindle. Book excerpt: NEW YORK TIMES BESTSELLER • From a preeminent presidential historian comes a “superb and important” (The New York Times Book Review) saga of America’s wartime chief executives “Fascinating and heartbreaking . . . timely . . . Beschloss’s broad scope lets you draw important crosscutting lessons about presidential leadership.”—Bill Gates Widely acclaimed and ten years in the making, Michael Beschloss’s Presidents of War is an intimate and irresistibly readable chronicle of the Chief Executives who took the United States into conflict and mobilized it for victory. From the War of 1812 to Vietnam, we see these leaders considering the difficult decision to send hundreds of thousands of Americans to their deaths; struggling with Congress, the courts, the press, and antiwar protesters; seeking comfort from their spouses and friends; and dropping to their knees in prayer. Through Beschloss’s interviews with surviving participants and findings in original letters and once-classified national security documents, we come to understand how these Presidents were able to withstand the pressures of war—or were broken by them. Presidents of War combines this sense of immediacy with the overarching context of two centuries of American history, traveling from the time of our Founders, who tried to constrain presidential power, to our modern day, when a single leader has the potential to launch nuclear weapons that can destroy much of the human race. Praise for Presidents of War "A marvelous narrative. . . . As Beschloss explains, the greatest wartime presidents successfully leaven military action with moral concerns. . . . Beschloss’s writing is clean and concise, and he admirably draws upon new documents. Some of the more titillating tidbits in the book are in the footnotes. . . . There are fascinating nuggets on virtually every page of Presidents of War. It is a superb and important book, superbly rendered.”—Jay Winik, The New York Times Book Review "Sparkle and bite. . . . Valuable and engrossing study of how our chief executives have discharged the most significant of all their duties. . . . Excellent. . . . A fluent narrative that covers two centuries of national conflict.” —Richard Snow, The Wall Street Journal

Download or read book War Powers of the Executive in the United States written by Clarence Arthur Berdahl and published by Johnson Reprint Corporation. This book was released on 1921 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Pacificus Helvidius Debates of 1793 1794 written by Alexander Hamilton and published by . This book was released on 2007 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: Frisch, emeritus professor of political science at Northern Illinois University, writes in the Introduction: "The open-ended character of some of the constitutional provisions afforded opportunities for extending the powers of government beyond their specified limits. Although not given prior sanction by the Constitutional Convention, such additions served to provide a more complete definition of powers without actually changing the ends of government." The Neutrality Proclamation brought the issue to the forefront and inspired this classic debate.".

Download or read book Undeclared War written by Edward Keynes and published by Penn State Press. This book was released on 2010-11-01 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book War Powers of the Executive in the United States written by Clarence Arthur Berdahl and published by Wm. S. Hein Publishing. This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The powers of the Executive Office relating to war have received little attention in treatises and commentaries on the Constitution. This study is an attempt to describe these war powers more fully and systematically than what has been done before. The term "war powers" includes not only the powers that may be exercised during the actual conduct termination of war and to the reconstruction period following war.

Download or read book While Dangers Gather written by William G. Howell and published by Princeton University Press. This book was released on 2011-06-27 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The War Powers Resolution written by Congressional Research Service and published by Createspace Independent Publishing Platform. This book was released on 2017-04-03 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report discusses and assesses the War Powers Resolution and its application since enactment in 1973, providing detailed background on various cases in which it was used, as well as cases in which issues of its applicability were raised. It will be revised biannually. In the post-Cold War world, Presidents have continued to commit U.S. Armed Forces into potential hostilities, sometimes without a specific authorization from Congress. Thus the War Powers Resolution and its purposes continue to be a potential subject of controversy. On June 7, 1995, the House defeated, by a vote of 217-201, an amendment to repeal the central features of the War Powers Resolution that have been deemed unconstitutional by every President since the law's enactment in 1973. In 1999, after the President committed U.S. military forces to action in Yugoslavia without congressional authorization, Representative Tom Campbell used expedited procedures under the Resolution to force a debate and votes on U.S. military action in Yugoslavia, and later sought, unsuccessfully, through a federal court suit to enforce presidential compliance with the terms of the War Powers Resolution. The War Powers Resolution P.L. 93-148 was passed over the veto of President Nixon on November 7, 1973, to provide procedures for Congress and the President to participate in decisions to send U.S. Armed Forces into hostilities. Section 4(a)(1) requires the President to report to Congress any introduction of U.S. forces into hostilities or imminent hostilities. When such a report is submitted, or is required to be submitted, Section 5(b) requires that the use of forces must be terminated within 60 to 90 days unless Congress authorizes such use or extends the time period. Section 3 requires that the "President in every possible instance shall consult with Congress before introducing" U.S. Armed Forces into hostilities or imminent hostilities. From 1975 through March 2017, Presidents have submitted 168 reports as the result of the War Powers Resolution, but only one, the 1975 Mayaguez seizure, cited Section 4(a)(1), which triggers the 60-day withdrawal requirement, and in this case the military action was completed and U.S. armed forces had disengaged from the area of conflict when the report was made. The reports submitted by the President since enactment of the War Powers Resolution cover a range of military activities, from embassy evacuations to full-scale combat military operations, such as the Persian Gulf conflict, and the 2003 war with Iraq, the intervention in Kosovo, and the anti-terrorism actions in Afghanistan. In some instances, U.S. Armed Forces have been used in hostile situations without formal reports to Congress under the War Powers Resolution. On one occasion, Congress exercised its authority to determine that the requirements of Section 4(a)(1) became operative on August 29, 1983, through passage of the Multinational Force in Lebanon Resolution (P.L. 98-119). In 1991 and 2002, Congress authorized, by law, the use of military force against Iraq. In several instances none of the President, Congress, or the courts has been willing to initiate the procedures of or enforce the directives in the War Powers Resolution.

Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

Download or read book War Powers Under the Constitution of the United States written by William Whiting and published by BoD – Books on Demand. This book was released on 2023-02-24 with total page 730 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the original, first published in 1871. The publishing house Anatiposi publishes historical books as reprints. Due to their age, these books may have missing pages or inferior quality. Our aim is to preserve these books and make them available to the public so that they do not get lost.

Download or read book Conflict Or Codetermination written by Marc E. Smyrl and published by . This book was released on 1988 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book War Powers of the Executive in the United States written by Clarence A. (Clarence Arthur) Berdahl and published by Hardpress Publishing. This book was released on 2012-01 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Making War written by John F. Lehman and published by Scribner Book Company. This book was released on 1992 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Former Secretary of the Navy John Lehman here confronts one of the momentous issues of American history and the American present--the contending prerogatives of the president and Congress in making war." "Lehman, a lively controversialist and scholar, examines the history of American military decision making from the Revolutionary period to the Gulf War. Whose power is it to declare war, to carry it out, and to sustain its course and bring it to an end? In addressing these major constitutional questions, Lehman is vibrantly contemporary, too, writing as a government insider to offer a exceptionally vivid perspective on Operation Desert Storm and recent military actions in Grenada, Libya, Lebanon, and Panama. Arguing vehemently for the primacy of presidential over congressional power, Lehman adds crucial new details to our understanding of the post-Vietnam era of American politics." "Characteristically, Lehman pulls no punches. He sheds provocative new light on congressional investigations into Watergate and Iran-Contra, authoritatively demonstrating the ways in which Congress has created crippling impediments to presidential power. Yet he provides a fresh understanding of the essential role Congress must play in committing the nation to war, and he enumerates how presidents from Jefferson to Bush have interpreted--and misinterpreted--the powers grated them as commander in chief." "John Lehman's enlightening new book makes a invaluable contribution as to whether responsible judgments will be made if and when the nation must again confront the crucial decision of making war."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved

Download or read book Emergency Presidential Power written by Chris Edelson and published by University of Wisconsin Pres. This book was released on 2013-12-19 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can a U.S. president decide to hold suspected terrorists indefinitely without charges or secretly monitor telephone conversations and e-mails without a warrant in the interest of national security? Was the George W. Bush administration justified in authorizing waterboarding? Was President Obama justified in ordering the killing, without trial or hearing, of a U.S. citizen suspected of terrorist activity? Defining the scope and limits of emergency presidential power might seem easy—just turn to Article II of the Constitution. But as Chris Edelson shows, the reality is complicated. In times of crisis, presidents have frequently staked out claims to broad national security power. Ultimately it is up to the Congress, the courts, and the people to decide whether presidents are acting appropriately or have gone too far. Drawing on excerpts from the U.S. Constitution, Supreme Court opinions, Department of Justice memos, and other primary documents, Edelson weighs the various arguments that presidents have used to justify the expansive use of executive power in times of crisis. Emergency Presidential Power uses the historical record to evaluate and analyze presidential actions before and after the terrorist attacks of September 11, 2001. The choices of the twenty-first century, Edelson concludes, have pushed the boundaries of emergency presidential power in ways that may provide dangerous precedents for current and future commanders-in-chief. Winner, Crader Family Book Prize in American Values, Department of History and Crader Family Endowment for American Values, Southeast Missouri State University