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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 How Our Laws are Made

Download or read book How Our Laws are Made written by John V. Sullivan and published by . This book was released on 2007 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 The Intersection of Law and War

Download or read book The Intersection of Law and War written by Kristen Boon and published by Oxford University Press, USA. This book was released on 2012 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on various topics in the worldwide effort to combat terrorism. Among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service (CRS) and the Government Accountability Office (GAO), United Nations Security Council resolutions, reports and investigations by the United Nations Secretary-General and other dedicated UN bodies, and case law from the U.S. and around the globe covering issues related to terrorism. Most volumes carry a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law. Volume 126, The Intersection of Law and War, takes a fresh look at the ways in which law and war intersect in this modern age of multifaceted and multidimensional warfare. Professor Douglas Lovelace, Jr. has organized Congressional Research Service reports and United Nations studies to discuss how U.S. law and international law bear on contemporary national security issues such as: terrorism in the context of the war powers debate; the use of drones for targeted killings; maintaining and closing the U.S. detention facility at Guantanamo Bay; and illegal border crossing into the United States.

Book TERRORISM  COMMENTARY ON SECURITY DOCUMENTS VOLUME 143

Download or read book TERRORISM COMMENTARY ON SECURITY DOCUMENTS VOLUME 143 written by Douglas Lovelace Jr. and published by Oxford University Press. This book was released on 2016-09-05 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on various topics relating to the worldwide effort to combat terrorism, as well as efforts by the United States and other nations to protect their national security interests. Volume 143, The Evolution of the Islamic State, focuses on the U.S. response to the Islamic State (IS) both in Syria and Iraq from a foreign policy standpoint and a military strategy perspective, as well as considering the impact of the rise of IS on the broader global jihadist movement. Consideration is also given to the importance of information warfare in countering IS's worldwide recruiting efforts via the Internet. This volume also includes documents examining related issues of great importance, including a report considering IS's financing, a report on the legal issues arising in connection with U.S. military action against IS, the role of Shia warlords and militias in Iraq in opposing IS, and the lessons that can be learned from the support provided to IS by European fighters.

Book The Evolution of the Islamic State

Download or read book The Evolution of the Islamic State written by Douglas C. Lovelace and published by Oxford University Press. This book was released on 2016 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Terrorism: Commentary on Security Documents is a series that provides primary source documents and expert commentary on various topics relating to the worldwide effort to combat terrorism, as well as efforts by the United States and other nations to protect their national security interests. Volume 143, The Evolution of the Islamic State, focuses on the U.S. response to the Islamic State (IS) both in Syria and Iraq from a foreign policy standpoint and a military strategy perspective, as well as considering the impact of the rise of IS on the broader global jihadist movement. Consideration is also given to the importance of information warfare in countering IS's worldwide recruiting efforts via the Internet. This volume also includes documents examining related issues of great importance, including a report considering IS's financing, a report on the legal issues arising in connection with U.S. military action against IS, the role of Shia warlords and militias in Iraq in opposing IS, and the lessons that can be learned from the support provided to IS by European fighters.

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 National Security Law and the Constitution

Download or read book National Security Law and the Constitution written by Geoffrey S. Corn and published by Aspen Publishing. This book was released on 2020-09-03 with total page 1032 pages. Available in PDF, EPUB and Kindle. Book excerpt: National Security Law and the Constitution provides a comprehensive examination and analysis of the inherent tension between the Constitution and select national security policies, and it explores the multiple dimensions of that conflict. Specifically, the Second Edition comprehensively explores the constitutional foundation for the development of national security policy and the exercise of a wide array of national security powers. Each chapter focuses on critically important precedents, offering targeted questions following each case to assist students in identifying key concepts to draw from the primary sources. Offering students a comprehensive yet focused treatment of key national security law concepts, National Security Law and the Constitution is well suited for a course that is as much an advanced “as applied” constitutional law course as it is a national security law or international relations course. New to the Second Edition: New author Gary Corn is the program director for the Tech, Law and Security Program at American University Washington College of Law, and most recently served as the Staff Judge Advocate to U.S. Cyber Command, the capstone to a distinguished career spanning over twenty-seven years as a military lawyer Two new chapters: Chapter 1 (An Introduction to the “National Security” Constitution), and Chapter 17 (National Security in the Digital Age) Professors and students will benefit from: An organizational structure tailored to present these national powers as a coherent “big picture,” with the aim of understanding their interrelationship with each other, and the legal principles they share A comprehensive treatment of the relationship between constitutional, statutory, and international law, and the creation and implementation of policies to regulate the primary tools in the government’s national security arsenal Targeted case introductions and follow-on questions, enabling students to maximize understanding of the text Text boxes illustrating key principles with historical events, and highlight important issues, rules, and principles closely related to the primary sources Chapters that focus on primary or key authorities with limited diversion into secondary sources A text structure generally aligned to fit a three-hour, one-semester course offering

Book Terrorism  Commentary on Security Documents Index V

Download or read book Terrorism Commentary on Security Documents Index V written by Douglas Lovelace, Jr. and published by Oxford University Press, USA. This book was released on 2015-11-05 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Index V contains the cumulative index to the Terrorism: Commentary on Security Documents series from volume 121 to volume 140, and adds to earlier index volumes to ensure comprehensive searchability within the series. Five different index formats are included in this one comprehensive index volume, featuring indices by subject, title, name, and year.

Book The Drone Wars of the 21st Century

Download or read book The Drone Wars of the 21st Century written by Kristen Boon and published by Oxford University Press, USA. This book was released on 2014 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: "We devote this volume to an examination of the apparent shift in the use of force in defending U.S. interests and in furthering U.S. national security policy. The nation's use of unmanned aerial vehicles, in lieu of more conventional military capabilities, has been increasing significantly since the beginning of the century. Commonly referred to as drones, these surveillance and weapons systems appear to offer many advantages. They allow the United States to apply force in areas otherwise inaccessible to military units. ... drones ... are beginning to be used domestically for law enforcement purposes. This volume on drones focuses on international use of the systems. The following volume will address domestic use of drones"--

Book Constitutional Dysfunction on Trial

Download or read book Constitutional Dysfunction on Trial written by Jasmine Farrier and published by Cornell University Press. This book was released on 2019-12-15 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an original assessment of all three branches, Jasmine Farrier reveals a new way in which the American federal system is broken. Turning away from the partisan narratives of everyday politics, Constitutional Dysfunction on Trial diagnoses the deeper and bipartisan nature of imbalance of power that undermines public deliberation and accountability, especially on war powers. By focusing on the lawsuits brought by Congressional members that challenge presidential unilateralism, Farrier provides a new diagnostic lens on the permanent institutional problems that have undermined the separation of powers system in the last five decades, across a diverse array of partisan and policy landscapes. As each chapter demonstrates, member lawsuits are an outlet for frustrated members of both parties who cannot get their House and Senate colleagues to confront overweening presidential action through normal legislative processes. But these lawsuits often backfire – leaving Congress as an institution even more disadvantaged. Jasmine Farrier argues these suits are more symptoms of constitutional dysfunction than the cure. Constitutional Dysfunction on Trial shows federal judges will not and cannot restore the separation of powers system alone. Fifty years of congressional atrophy cannot be reversed in court.

Book War Powers for the 21st Century

    Book Details:
  • Author : United States. Congress. House. Committee on Foreign Affairs. Subcommittee on International Organizations, Human Rights, and Oversight
  • Publisher :
  • Release : 2008
  • ISBN :
  • Pages : 48 pages

Download or read book War Powers for the 21st Century written by United States. Congress. House. Committee on Foreign Affairs. Subcommittee on International Organizations, Human Rights, and Oversight and published by . This book was released on 2008 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Our Damaged Democracy

Download or read book Our Damaged Democracy written by Joseph A. Califano and published by Atria Books. This book was released on 2019-04-02 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A Washington insider draws on decades of experience to deliver a blistering critique of the state of American government” (Kirkus Reviews) in an authoritative scrutiny of the forces that run our society and a call to fix our democracy before it’s too late. If you’ve been watching the news and worrying that our democracy no longer works, this book, “a cri de coeur from one of our wisest Americans” (Michael Beschloss, Presidential Historian), will help you understand why you’re right. There is colossal concentration of power in the Presidency. Congress is crippled by partisanship and hostage to special interest money. The Supreme Court and many lower federal courts are riven by politics. Add politically fractured and fragile media, feckless campaign finance laws, rampant income and education inequality, and multicultural divisions, and it’s no wonder our leaders can’t agree on anything or muster a solid majority of Americans behind them. With decades at the top in government, law, and business, Joseph A. Califano, Jr. has the capacity to be party-neutral in his evaluation and the perspective to see the big picture of our democracy. Using revealing anecdotes featuring every modern president and actions of both parties, he makes the urgent case that while we do not need to agree on all aspects of politics, we do need to trust each other and be worthy of that trust. He shows how, as engaged citizens, we can bring back systems of government that promote fairness and protect our freedom. “It’s hard to argue with [Califano’s] analysis” (The New York Times Book Review) that the longer we wait to fix these problems, the more dangerous our situation will become.

Book The Law of the Executive Branch

    Book Details:
  • Author : Dr. Louis Fisher
  • Publisher : Oxford University Press
  • Release : 2014-01-03
  • ISBN : 0199350418
  • Pages : 482 pages

Download or read book The Law of the Executive Branch written by Dr. Louis Fisher and published by Oxford University Press. This book was released on 2014-01-03 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: The scope of presidential authority has been a constant focus of constitutional dispute since the Framing. The bases for presidential appointment and removal, the responsibility of the Executive to choose between the will of Congress and the President, the extent of unitary powers over the military, even the ability of the President to keep secret the identity of those consulted in policy making decisions have all been the subject of intense controversy. The scope of that power and the manner of its exercise affect not only the actions of the President and the White House staff, but also all staff employed by the executive agencies. There is a clear need to examine the law of the entire executive branch. The Law of the Executive Branch: Presidential Power, places the law of the executive branch firmly in the context of constitutional language, framers' intent, and more than two centuries of practice. In this book, Louis Fisher strives to separate legitimate from illegitimate sources of power, through analysis that is informed by litigation as well as shaped by presidential initiatives, statutory policy, judicial interpretations, and public and international pressures. Each provision of the US Constitution is analyzed to reveal its contemporary meaning in concert with the application of presidential power. Controversial issues covered in the book include: unilateral presidential wars; the state secrets privilege; extraordinary rendition; claims of "inherent" presidential powers that may not be checked by other branches; and executive privilege.