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 War Foreign Affairs and Constitutional Power written by and published by . This book was released on 1984 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book War Foreign Affairs and Constitutional Power The origins written by Abraham D. Sofaer and published by Cambridge, Mass. : Ballinger Publishing Company. This book was released on 1976 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book War Foreign Affairs and Constitutional Power 1829 1901 written by Abraham D. Sofaer and published by . This book was released on 1976 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book War Foreign Affairs and Constitutional Power 1829 1901 written by Abraham D. Sofaer and published by HarperCollins Publishers. This book was released on 1976 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Long Wars and the Constitution written by Stephen M. Griffin and published by Harvard University Press. This book was released on 2013-06-01 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The War Power After 200 Years written by United States. Congress. Senate. Committee on Foreign Relations. Special Subcommittee on War Powers and published by . This book was released on 1989 with total page 1444 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The U S Constitution and the Power to Go to War written by Gary M. Stern and published by Praeger. This book was released on 1994 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The chapters in this book were originally commissioned for the September 18-19, 1992 CNSS conference on Constitutional Government and Military Intervention after the Cold War, held at and cosponsored by the Georgetown University Law Center"--Acknowledgements.

Download or read book Foreign Affairs and the United States Constitution written by Louis Henkin and published by Oxford University Press, USA. This book was released on 1996 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examines the constitutional jurisprudence of the United States as it relates to US foreign affairs. Illumination is offered on topics such as relations between Congress and the President as they relate to the use of military force.

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 Constitution and the Conduct of American Foreign Policy written by David Gray Adler and published by . This book was released on 1996 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this provocative and readable volume, eleven leading constitutional authorities challenge "business as usual" in American foreign policymaking. For far too long, they contend, Americans have acquiesced to presidential claims to sweeping executive powers in foreign affairs—thanks to imperial-minded presidents, a weak-willed Congress, and neglectful scholars. These authors forcefully argue that the president is not the supreme crafter of foreign policy and that Congress must provide more than a rubber stamp for the president's agenda. Unilateral presidential control of foreign relations, they warn, can pose a grave threat to our nation's welfare and is simply without constitutional warrant. Combining constitutional theory with keen historical insights, these authors illuminate the roots of presidential abuse of executive power and remind us of the past and potential costs of such disregard for our unique system of checks-and-balances. An essential guide for all concerned citizens and members of Congress, this volume should help revive a proper understanding of this crucial dimension of American democracy.

Download or read book Long Wars and the Constitution written by Stephen M. Griffin and published by Harvard University Press. This book was released on 2013-06-10 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a wide-ranging constitutional history of presidential war decisions from 1945 to the present, Stephen M. Griffin rethinks the long-running debate over the “imperial presidency” and concludes that the eighteenth-century Constitution is inadequate to the challenges of a post-9/11 world. The Constitution requires the consent of Congress before the United States can go to war. Truman’s decision to fight in Korea without gaining that consent was unconstitutional, says Griffin, but the acquiescence of Congress and the American people created a precedent for presidents to claim autonomy in this arena ever since. The unthinking extension of presidential leadership in foreign affairs to a point where presidents unilaterally decide when to go to war, Griffin argues, has destabilized our constitutional order and deranged our foreign policy. Long Wars and the Constitution demonstrates the unexpected connections between presidential war power and the constitutional crises that have plagued American politics. Contemporary presidents are caught in a dilemma. On the one hand are the responsibilities handed over to them by a dangerous world, and on the other is an incapacity for sound decisionmaking in the absence of interbranch deliberation. President Obama’s continuation of many Bush administration policies in the long war against terrorism is only the latest in a chain of difficulties resulting from the imbalances introduced by the post-1945 constitutional order. Griffin argues for beginning a cycle of accountability in which Congress would play a meaningful role in decisions for war, while recognizing the realities of twenty-first century diplomacy.

Download or read book To Chain the Dog of War written by Francis Dunham Wormuth and published by University of Illinois Press. This book was released on 1989 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: "An important book . . . that I wish every member of Congress and would-be president would carefully study." -- George McGovern "A timely and valuable study that makes a useful contribution to preserving the Constitution and our hopes for survival." -- Journal of American History "To Chain the Dog of War does an excellent job of putting together some very complex material, and it comes out at a most propitious time." -- Arthur S. Miller, Professor of Law, George Washington University "A most thorough study. . . . it would be useful is this book could be prescribed to our decision-makers as required reading." -- Louis B. Sohn, University of Georgia, School of Law

Download or read book Documents Relating to the War Power of Congress the President s Authority as Comander in chief and the War in Indochina written by United States. Congress. Senate. Committee on Foreign Relations and published by . This book was released on 1970 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides primary sources on whether the President exceeded his Constitutional authority in declaring war in Vietnam and Cambodia and commiting forces to combat and ordering the attack on the Cambodian sanctuaries.

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 The Constitution s Text in Foreign Affairs written by Michael D. Ramsey and published by Harvard University Press. This book was released on 2007-06-01 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes the constitutional law of foreign affairs, derived from the historical understanding of the Constitution's text. It examines timeless and recurring foreign affairs controversies--such as the role of the president and Congress, the power to enter armed conflict, and the power to make and break treaties--and shows how the words, structure, and context of the Constitution can resolve pivotal court cases and leading modern disputes. The book provides a counterpoint to much conventional discussion of constitutional foreign affairs law, which tends to assume that the Constitution's text and history cannot give much guidance, and which rests many of its arguments upon modern practice and policy considerations. Using a close focus on the text and a wide array of historical sources, Michael Ramsey argues that the Constitution's original design gives the president substantial independent powers in foreign affairs. But, contrary to what many presidents and presidential advisors contend, these powers are balanced by the independent powers given to Congress, the Senate, the states, and the courts. The Constitution, Ramsey concludes, does not make any branch of government the ultimate decision maker in foreign affairs, but rather divides authority among multiple independent power centers.

Download or read book Constitutional Diplomacy written by Michael J. Glennon and published by Princeton University Press. This book was released on 1990 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenging those who accept or advocate executive supremacy in American foreign-policy making, Constitutional Diplomacy proposes that we abandon the supine roles often assigned our legislative and judicial branches in that field. This book, by the former Legal Counsel to the Senate Foreign Relations Committee, is the first comprehensive analysis of foreign policy and constitutionalism to appear in over fifteen years. In the interval since the last major work on this theme was published, the War Powers Resolution has ignited a heated controversy, several major treaties have aroused passionate disagreement over the Senate's role, intelligence abuses have been revealed and remedial legislation debated, and the Iran-Contra affair has highlighted anew the extent of disagreement over first principles. Exploring the implications of these and earlier foreign policy disputes, Michael Glennon maintains that the objectives of diplomacy cannot be successfully pursued by discarding constitutional interests. Glennon probes in detail the important foreign-policy responsibilities given to Congress by the Constitution and the duty given to the courts of resolving disputes between Congress and the President concerning the power to make foreign policy. He reviews the scope of the prime tools of diplomacy, the war power and the treaty power, and examines the concept of national security. Throughout the work he considers the intricate weave of two legal systems: American constitutional principles and the international law norms that are part of the U.S. domestic legal system.