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Book The War Powers Resolution

    Book Details:
  • Author : Congressional Research Service
  • Publisher : Createspace Independent Publishing Platform
  • Release : 2017-04-03
  • ISBN : 9781545111680
  • Pages : 98 pages

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.

Book Presidential War Power

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.

Book Repealing the War Powers Resolution

Download or read book Repealing the War Powers Resolution written by Robert F. Turner and published by Potomac Books. This book was released on 1991 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The Powers of War and Peace

    Book Details:
  • Author : John Yoo
  • Publisher : University of Chicago Press
  • Release : 2005-10-03
  • ISBN : 0226960315
  • Pages : 379 pages

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 2005-10-03 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description

Book War Powers Resolution

Download or read book War Powers Resolution written by Richard F. Grimmett and published by DIANE Publishing. This book was released on 2010-11 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two separate but closely related issues confront Congress each time the Pres. introduces armed forces into a situation abroad that could lead to their involvement in hostilities. One issue concerns the division of war powers between the Pres. and Congress, whether the use of armed forces falls within the purview of the congressional power to declare war and the War Powers Resolution (WPR). The other issue is whether or not Congress concurs in the action. This report deals with congressional authorization for military action, and the application and effectiveness of the WPR. Contents of this report: Recent Developments; Background and Analysis; U.N. Actions; Former Yugoslavia/Bosnia; Kosovo; Iraq: Post 1991; Haiti; and Somalia.

Book The Politics of War Powers

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.

Book Constitutional Conflicts Between Congress and the President

Download or read book Constitutional Conflicts Between Congress and the President written by Louis Fisher and published by . This book was released on 1997 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text dissects the crucial constitutional disputes between the executive and the legislative branches of government from the Constitutional Convention to the beginning of the Bush administration. It analyzes areas of tension within a political and historical context.

Book War Powers Resolution

    Book Details:
  • Author : Richard F. Grimmett
  • Publisher : DIANE Publishing
  • Release : 2010-10
  • ISBN : 1437932932
  • Pages : 81 pages

Download or read book War Powers Resolution written by Richard F. Grimmett and published by DIANE Publishing. This book was released on 2010-10 with total page 81 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discusses and assesses the War Powers Resolution (WPR) and its application. Contents: (1) Intro.; (2) Provisions of the WPR; (3) Constitutional Questions Raised: War Powers of Pres. and Congress; Legislative Veto; Auto. Withdrawal Provision; (4) Major Cases and Issues Prior to the Persian Gulf War: Vietnam and Mayaguez: Iran Hostage Rescue Attempt; El Salvador; Honduras; Lebanon; Grenada; Libya; Persian Gulf, 1987; Invasion of Panama; (5) Major Cases and Issues in the Post-Cold War World: U.N. Actions: Persian Gulf War, 1991; Iraq-Post Gulf War; Somalia; Former Yugoslavia, Bosnia, Kosovo; Haiti; Terrorist Attacks against the U.S., 2001: How Does the WPR Apply?; Use of Force Against Iraq Resolution 2002; (6) Proposed Amend.

Book War Powers

    Book Details:
  • Author : Mariah Zeisberg
  • Publisher : Princeton University Press
  • Release : 2013-07-21
  • ISBN : 1400846773
  • Pages : 287 pages

Download or read book War Powers written by Mariah Zeisberg and published by Princeton University Press. This book was released on 2013-07-21 with total page 287 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.

Book War Powers Resolution

Download or read book War Powers Resolution written by and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book To Chain the Dog of War

Download or read book To Chain the Dog of War written by Francis Dunham Wormuth and published by . This book was released on 1986 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published by Southern Methodist U. Press, 1986. Includes new material on recent events (Iran/Contra affair, invasion of Grenada) and on the current situation in Nicaragua, the Persian Gulf, and El Salvador. Cloth edition, $39.95. Annotation copyrighted by Book News, Inc., Portland, OR

Book War Powers Resolution

Download or read book War Powers Resolution written by and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The War Powers Resolution

Download or read book The War Powers Resolution written by Robert F. Turner and published by . This book was released on 1983 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The Imperial Presidency

Download or read book The Imperial Presidency written by Arthur Meier Schlesinger and published by Houghton Mifflin Harcourt. This book was released on 2004 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description

Book The War Powers Resolution

Download or read book The War Powers Resolution written by Abraham D. Sofaer and published by . This book was released on 1988 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The War making Powers of the President

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:

Book War Powers Resolution

Download or read book War Powers Resolution written by Stanley E. Baldwin and published by . This book was released on 2016-05 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the Constitution, the war powers are divided between Congress and the President. Among other relevant grants, Congress has the power to declare war and raise and support the armed forces) while the President is Commander-in-Chief. It is generally agreed that the Commander-in-Chief role gives the President power to utilize the armed forces to repel attacks against the United States, but there has long been controversy over whether he is constitutionally authorized to send forces into hostile situations abroad without a declaration of war or other congressional authorization. This book 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 focuses on the several proposals for a new AUMF specifically targeting the Islamic State made during the 113th and 114th Congresses. It includes a brief review of existing authorities and AUMFs, as well as a discussion of issues related to various provisions included in existing and proposed AUMFs that both authorize and limit presidential use of military force. Appendices provide a comparative analysis of similar provisions in new AUMFs proposed in the 113th and 114th Congresses.