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 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 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 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 The National Security Constitution written by Harold Hongju Koh and published by Yale University Press. This book was released on 1990-01-01 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses the Iran-Contra affair and its implications.
Download or read book Historical Gloss and Foreign Affairs written by Curtis A. Bradley and published by Harvard University Press. This book was released on 2024-10-08 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new interpretation of the constitutional law of foreign affairs, as it has been developed throughout its history by presidents and by Congress. In the more than 230 years since the Constitution took effect, the constitutional law governing the conduct of foreign affairs has evolved significantly. But that evolution did not come through formal amendments or Supreme Court rulings. Rather, the law has been defined by the practices of Congress and the executive branch, also known as “historical gloss.” Curtis A. Bradley documents this process in action. He shows that expansions in presidential power over foreign affairs have often been justified by reference to historical gloss, but that Congress has not merely stepped aside. Belying conventional accounts of the “imperial presidency” in foreign affairs, Congress has also benefited from gloss, claiming powers for itself in the international arena not clearly addressed in the constitutional text and disrupting claims of exclusive presidential authority. Historical Gloss and Foreign Affairs proposes a constitutional theory that can make sense of these legal changes. In contrast, originalist theories of constitutional interpretation often ignore influential post-Founding developments, while nonoriginalist theories tend to focus on judicial decisions rather than the actions and reasoning of Congress and the executive branch. Moreover, the constitutional theories that do focus on practice have typically emphasized changes at particular moments in time. What we see in the constitutional law of foreign affairs, however, is the long-term accumulation of nonjudicial precedents that is characteristic of historical gloss. With gloss confirmed as a prime mover in the development of foreign affairs law, we can begin to recognize its broader status as an important and longstanding form of constitutional reasoning.
Download or read book The Law of U S Foreign Relations written by Sean D. Murphy and published by Oxford University Press. This book was released on 2023 with total page 1065 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of U.S. Foreign Relations is a comprehensive and incisive discussion of the rules that govern the conduct of U.S. relations with foreign countries and international organizations, and the rules governing how international law applies within the U.S. legal system. Among other topics, this volume examines the constitutional and historical foundations of congressional, executive, and judicial authority in foreign affairs. This includes the constitutional tensions prevalent in legislative efforts to control executive diplomacy, as well as the ebb and flow of judicial engagement in transnational disputes - with the judiciary often serving as umpire but at times invoking doctrines of abstention. The process of U.S. adherence to treaties and other international agreements is closely scrutinized as the authors examine how such law, as well as customary international law and the law-making acts of international organizations, can become a source of U.S. law. Individual chapters focus on the special challenges posed by the exercise of war powers by the federal government (including during recent incidents of international armed conflict), the complex role of the several states in foreign affairs, and the imperative to protect individual rights in the transnational sphere. Among the contemporary issues discussed are the immunity of foreign heads of State, treatment of detainees at Guantánamo, movement of the U.S. Embassy in Israel to Jerusalem, state-level foreign compacts to address climate change, bans affecting refugees and asylum-seekers, and recent interpretations of key statutes, such as the Alien Tort Statute, the Torture Victim Protection Act, and the Foreign Sovereign Immunities Act.
Download or read book Divided Union written by Scott A. Silverstone and published by Cornell University Press. This book was released on 2018-07-05 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Between the Revolutionary War and the Civil War, the United States was embroiled in competitive inter-state politics. Although it did not directly involve itself in European affairs, the United States did engage regularly in dangerous struggles with other states and with colonial powers with territory on the American periphery. Aside from the War of 1812, the Oregon Crisis, and the Mexican War, other "near misses" included here—disputes of 1807 and 1809 with Britain, with Spain over East Florida in 1811–13, with Mexico in 1853, and disputes with Spain over Cuba in 1853–55 and with Mexico in 1858–1860—have been ignored in the democratic peace literature. Scott A. Silverstone finds these cases particularly useful for testing alternative explanations of constraints on armed conflict, because the United States backed down each time, allowing each crisis to pass short of its full potential for violence.Silverstone builds on a nascent theory of institutional constraints on the use of force presented in the Federalist Papers to explain American attitudes toward participation in conflicts. He argues that the federal character of American democracy that emerged from the founding and the large size of the new American republic provide the keys to understanding its decision-making processes. Divided Union shows how the institutional features of federal union and the diverse social, economic, and security interests within this geographically extended republic created political conditions that impeded the use of force by the United States before the Civil War.
Download or read book America s Foreign Policy Toolkit written by Charles A. Stevenson and published by SAGE. This book was released on 2012-10-02 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: How is foreign policy in the United States really crafted? Who does the work? How are the various activites of the many key participants coordinated and controlled? In America′s Foreign Policy Toolkit: Key Institutions and Processes, Charles A. Stevenson identifies for students what the key foreign policy tools are, clarifies which tools are best for which tasks, describes the factors that constrain or push how they′re used, and provides fresh insight into the myriad challenges facing national security decisionmakers. Written in an engaging style with case examples drawn from "behind the scenes," Stevenson brings depth and dimension to the sophisticated pathways and instruments of American foreign policy, from the State Department to the intelligence agencies to the Commerce Department and beyond. In this brief text for American foreign policy and national security courses, Stevenson focuses on the institutions and processes of foreign policy, beginning with a look at the historical context and then looking in turn at the tools available to the president, congress, and the shared budgetary tools. The following part, "Using the Tools," looks at the diplomatic, economic, military, intelligence, homeland security, and international institutions instruments. Stevenson concludes with chapters that consider the important constraints and limitation of the U.S. toolkit. Each chapter ends with a case study that allows readers to connect the theory of the toolkit with the realities of decisionmaking. Highlights of the text′s coverage include: A sustained analysis of the U.S. Constitution as a response to security threats in the 1780s, providing a strong historical foundation on and springboard for discussion of this basic document in terms of national security powers; Comprehensive coverage of the congressional role overseeing all other policy instruments, showing Congress as an active player in all aspects of foreign policy; Analysis of the full spectrum of agencies and activities involved in foreign economic policy, covering the numerous organizations involved in foreign economic policy, the weak coordinating mechanisms, and the various processes (sanctions, trade, foreign assistance, direct investment) used as policy tools; A consistent framework for analyzing each instrument (authorities, capabilities, personnel, culture, internal factions, and the role of Congress), which makes comparative analyses of U.S. institutions simple and direct; An illuminating overview of the budget process through both the executive and legislative branches, acknowledging the budget process as a shared policy tool, with conflict and feedback, rather than as a linear process; A discussion of homeland security instruments and international organizations used as policy tools, highlighting the relevance of these new and often overlooked instruments; and A survey of recommendations for reform and the difficulties involved, providing possible explanations of foreign policy failures and alternative organizations and processes. This must-have text for courses on American foreign policy will be a crucial reference that students will keep on the shelf long after the last class.
Download or read book War and the Law of Nations written by Stephen C. Neff and published by Cambridge University Press. This book was released on 2005-08-04 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2005 volume is a history of war, from an international law perspective, from Roman times to the present.
Download or read book Bulletin of the Atomic Scientists written by and published by . This book was released on 1984-04 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Bulletin of the Atomic Scientists is the premier public resource on scientific and technological developments that impact global security. Founded by Manhattan Project Scientists, the Bulletin's iconic "Doomsday Clock" stimulates solutions for a safer world.
Download or read book War Powers written by Mariah Zeisberg and published by Princeton University Press. This book was released on 2015-09-01 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book America s War with Spain written by Anne Cipriano Venzon and published by Scarecrow Press. This book was released on 2003 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beginning with an overview, this work covers foreign and domestic events and battles. It continues with specialized chapters on the U.S. Army, Navy, the all-important press and public opinion, before turning to actions in Cuba, the Philippines, Puerto Rico, and Guam. Two indexes complete the book.
Download or read book The Political Thought of the Civil War written by Alan Levine and published by University Press of Kansas. This book was released on 2019-08-08 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why does the Civil War still speak to us so powerfully? If we listen to the most thoughtful, forceful, and passionate voices of that day we find that many of the questions at the heart of that conflict are also central to the very idea of America—and that many of them remain unresolved in our own time. The Political Thought of the Civil War offers us the opportunity to pursue these questions from a new, critical perspective as leading scholars of American political science, history, and literature engage in some of the crucial debates of the Civil War era—and in the process illuminate more clearly the foundation and fault lines of the American regime. The essays in this volume use practical dilemmas of the Civil War to reveal and probe fundamental questions about the status of slavery and race in the American founding, the tension between moralism and constitutionalism, and the problem of creating and sustaining a multiracial society on the basis of the original principles of the American regime. Adopting a deliberative approach, the authors revisit the words and deeds of the most important political actors of era, from William Lloyd Garrison, John C. Calhoun, and Abraham Lincoln to Alexander Stephens and Frederick Douglass, with reference to the American Founders and the architects of Reconstruction. The essays in this volume consider the difficult choices each of these figures made, the specific problems they were responding to, and the consequences of those choices. As this book exposes and explores the theoretical principles at play within their historical context, it also offers vivid reminders of how the great controversies surrounding the Civil War continue to shape American political life to this day.
Download or read book The National Security Constitution in the Twenty First Century written by Harold Hongju Koh and published by Yale University Press. This book was released on 2024-06-25 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: A deeply researched, fully updated edition of The National Security Constitution that explores the growing imbalance of institutional powers in American foreign affairs and national security policy Since the beginning of the American Republic, a package of norms has evolved in the U.S. Constitution to protect the operation of checks and balances in national security policy. This "National Security Constitution" promotes shared powers and balanced institutional participation in foreign policymaking. Today it is under attack from a competing claim of executive unilateralism generated by recurrent patterns of presidential activism, congressional passivity, and judicial tolerance. This dynamic has pushed presidents of both parties to press the limits of law in foreign affairs. In his award-winning National Security Constitution (1990), Harold Hongju Koh traced the evolution of this constitutional struggle across America's history. This new book, based on the earlier volume but with roughly 70 percent new material, brings the story to the present, placing recent events into constitutional perspective. Reviewing the presidencies of the twenty-first century, he explains why modern national security threats have given presidents of both parties incentives to monopolize foreign policy decision-making, Congress incentives to defer, and the courts reasons to rubber-stamp. Koh suggests both a workable strategy and crucial prescriptions to restore the balance of our constitutional order in addressing modern global crises.
Download or read book War and Responsibility written by John Hart Ely and published by Princeton University Press. This book was released on 1993 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Twenty years after the signing of the Paris Accords, the constitutional ambiguities of American involvement in the Vietnam War remain unresolved. John Hart Ely examines the overall constitutionality of America's role in Vietnam; and shows that Congress authorized each new phase of American involvement without committing itself to the stated aims of intervention.
Download or read book Review of the War Powers Resolution written by United States. Congress. House. Committee on Armed Services. Subcommittee on Investigations and published by . This book was released on 1991 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt:
