Download or read book War foreign affairs and constitutional power written by Abraham D. Sofaer and published by . This book was released on 1976 with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 378 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 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 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 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 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 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 The War Power written by Louis Fisher and published by American Historical Assn.. This book was released on 2008 with total page 84 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 Government from Reflection and Choice written by Charles A. Lofgren and published by New York : Oxford University Press. This book was released on 1986 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1787 Alexander Hamilton wrote that Americans had the opportunity to demonstrate "whether societies of men are really capable or not of establishing good government from reflection or choice, or whether they are forever destined to depend for their political constitutions on accident and force." These essays explore six issues in constitutional framing and interpretation that have compelled Americans to confront Hamilton's bold challenge. The first three essays focus on the Founding period, examining the original understanding of war-making powers, compulsory military service under the Constitution, and the origins of the Tenth Amendment. The remaining three essays unfold 20th-century episodes, including Justice Oliver Wendell Holmes's denial in Missouri v. Holland that the Tenth Amendment limits the treaty power, erroneous claims for presidential authority in the Curtiss-Wright case, and Harry S. Truman's "police action" in Korea. Closely analyzing the debates of the Founders and their successors, Lofgren offers a wide ranging evaluation of the American constitutional experiment and makes a vital contribution to informed public debate in the present.
Download or read book The Constitutional Origins of the President s Foreign Affairs Power written by Oliver Peter Thoma and published by . This book was released on 2011 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of the executive's authority over foreign affairs has been debated constantly over the life of the Constitution. Rather than try to discern the answer to this question from only the well-known Framers, this scholarly endeavor proposes to unlock the original understanding of the Constitution to the "citizens, polemicists, and convention delegates who participated in one way or another in ratification." Recent scholarship in the nature of the executive's foreign affair power has suffered from a lesser degree of scrutiny than other constitutional subjects. Few scholars have addressed the original source of authority and legitimacy of the Constitution -- its ratification -- as a means of determining whether the modern presidency continues to abuse or respect the powers the Constitution has invested in it. Those that have looked to the historical context of the Constitution's ratification and believe that public sentiment toward the executive was more characterized by fear rather than want of energy have reached their conclusion because of select sampling from an extraordinary era in American constitutionalism. The research will be divided among three major historical periods of American constitutionalism: (1) the pre-revolutionary era (early 1700s until 1775) while America was still comprised of 13 British colonies and most constitutional concerns where focused on Parliament's abuses of power and the Executive's complicity; (2) the executive interregnum (1775 until the early 1780s) wherein the American public feared executive authority and experimented with a weak executive; and (3) the period of legislative fear (early 1780s to 1790s) that acted as a catalyst for James Madison, Alexander Hamilton, and others to restore an energetic executive.
Download or read book Constitutional Power and World Affairs Classic Reprint written by George Sutherland and published by Forgotten Books. This book was released on 2017-11-23 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Constitutional Power and World Affairs Limitations imposed by international law; by the Constitution; how far foreign governments must take notice of the Constitution; extent of limitations under Constitution; views of Justice Field; Calhoun's enumeration; examination of these views; power to cede state territory; to deal with matters committed by the Constitution to Congress; aliens and foreign commerce; powers of Congress extended beyond those enumerated, when necessary to enforce treaties; supremacy over state powers; not subject to police powers of state; Nation may enforce whatever it may promise. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Download or read book The War making Powers of the President written by Ann Van Wynen Thomas and published by . This book was released on 1982 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book CONSTITUTIONAL POWER WORLD A written by George Sutherland and published by Wentworth Press. This book was released on 2016-08-25 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
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:
