Author: John Yoo
Publisher: University of Chicago Press
ISBN: 0226960331
Category : Political Science
Languages : en
Pages : 379
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Book Description
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
Author: Brien Hallett
Publisher: Cambridge University Press
ISBN: 1139561189
Category : Law
Languages : en
Pages : 295
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Book Description
Declaring War directly challenges the 200-year-old belief that Congress can and should declare war. By offering a detailed analysis of the declarations of 1812, 1898 and the War Powers Resolution of 1973, the book demonstrates the extent of the organizational and moral incapacity of Congress to declare war. It invokes Carl von Clausewitz's dictum that 'war is policy' to explain why declarations of war are an integral part of war and proposes two possible remedies - a constitutional amendment or, alternatively, a significant re-organization of Congress. It offers a comprehensive historical, legal, constitutional, moral and philosophical analysis of why Congress has failed to check an imperial presidency. The book draws on Roman history and international law to clarify the form, function and language of declarations of war and John Austin's speech act theory.
Author: Ted Mikinka
Publisher:
ISBN:
Category : Political participation
Languages : en
Pages : 184
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Book Description
Author: Roland H. Worth, Jr.
Publisher: McFarland
ISBN: 0786482265
Category : History
Languages : en
Pages : 197
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Book Description
The dramatic events of the Pearl Harbor attack have been covered in detail from a wide variety of approaches. What came next--the American declaration of war, the intervention of Germany and Italy and the U.S. proclaiming war against them as well--has been given considerably less attention. This detailed volume fills that gap with careful analysis of how the public and Congress reacted to the attack and how it began to modify their past attitudes toward foreign war. Excerpts from the Congressional Record of 1941 support the author's discussion of the debates leading to the decision to declare war. The book explores the rationales defending past conduct by those who had been of both interventionist and anti-interventionist sentiments, as well as their collective effort to forge a national consensus that would support a multi-year international conflict. Emphasis is also placed on the reasoning behind war not being immediately declared on Germany as well as Japan and the motivations behind Germany's decision to enter the conflict on it's own initiative. Lengthy attention is given to Jeanette Rankin, the only House member to vote against the war.
Author: Roland H. Worth
Publisher: McFarland Publishing
ISBN: 9780786418046
Category : History
Languages : en
Pages : 188
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Book Description
The dramatic events of the Pearl Harbor attack have been covered in great detail and variety. What came next - the American declaration of war, the intervention of Germany and Italy, and the U.S. declaration of war against them as well - has received less attention. This volume analyzes the public and Congress reaction to the attack and how attitudes toward war began to change. With liberal use of excerpts from the Congressional Record of 1941, the book explores the rationales of both the interventionist minded and the anti-interventionists, as well as their efforts to forge a national consensus that would support an open-ended conflict. The reasoning behind not immediately declaring war on Germany and the motivations behind Germany's decision to enter the conflict on its own initiative are discussed. Lengthy attention is given to Jeanette Rankin, the only House member to vote against the war.
Author: John Lowell
Publisher:
ISBN:
Category : France
Languages : en
Pages : 76
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Book Description
Author: Yossef Bodansky
Publisher: Prima Lifestyles
ISBN: 0307797724
Category : Political Science
Languages : en
Pages : 465
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Book Description
"Fascinating account. I strongly recommend it." —Jeane J. Kirkpatrick World-renowned terrorism expert Yossef Bodansky explores the transformation of Osama bin Laden from a once promising engineering student into the cold-blooded leader of the radical Islamic terrorist group, al Qaeda. With meticulous detail, Bodansky chronicles the events leading up to the international operation of hunting bin Laden. In the process, Bodansky pulls together a chilling story that is as ancient as the Crusades; a story that transcends bin Laden and any other single man, one that sweeps from Iran, Afghanistan, and Iraq to Kosovo and beyond. He takes you deep into the heart of centuries-old hatreds that have produced generations of bin Ladens and a terror network of underground armies that can strike virtually anywhere in the world. Fueled by Middle Eastern oil wealth and covertly armed by some of America's closest allies, this terror network is waging a brutal guerrilla war whose aim is nothing short of changing the course of history. The battlefields are increasingly Western city streets, and the casualties are most often innocents caught in the crossfire. Including information about al Qaeda’s pursuit of chemical and nuclear weapons, covert deals between the U.S. and Islamic terrorists, and American efforts in the years-long campaign to capture Osama bin Laden, this book is a sobering wake-up call.
Author: Charles A. Stevenson
Publisher: Potomac Books, Inc.
ISBN: 1612343856
Category : History
Languages : en
Pages : 128
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Book Description
Congress at War reviews the historical record of the U.S. Congress in authorizing, funding, overseeing, and terminating major military operations. Refuting arguments that Congress cannot and should not set limits or conditions on the use of U.S. armed forces, this book catalogs the many times when previous Congresses have enacted restrictions--often with the acceptance and compliance of wartime presidents. While Congress has formally declared war only five times in U.S. history, it has authorized the use of force fifteen other times. In recent decades, however, lawmakers have weakened their Constitutional claims by failing on several occasions to enact measures either supporting or opposing military operations ordered by the president. Concise, dramatically written, and illustrated with several summary tables, this book is a must-read for anyone interested in America's wars--past or present.
Author: David J. Barron
Publisher: Simon and Schuster
ISBN: 1451681976
Category : Biography & Autobiography
Languages : en
Pages : 576
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Book Description
“Vivid…Barron has given us a rich and detailed history.” —The New York Times Book Review “Ambitious...a deep history and a thoughtful inquiry into how the constitutional system of checks and balances has functioned when it comes to waging war and making peace.” —The Washington Post A timely account of a raging debate: The history of the ongoing struggle between the presidents and Congress over who has the power to declare and wage war. The Constitution states that it is Congress that declares war, but it is the presidents who have more often taken us to war and decided how to wage it. In Waging War, David J. Barron opens with an account of George Washington and the Continental Congress over Washington’s plan to burn New York City before the British invasion. Congress ordered him not to, and he obeyed. Barron takes us through all the wars that followed: 1812, the Mexican War, the Civil War, the Spanish-American war, World Wars One and Two, Korea, Vietnam, Iraq, and now, most spectacularly, the War on Terror. Congress has criticized George W. Bush for being too aggressive and Barack Obama for not being aggressive enough, but it avoids a vote on the matter. By recounting how our presidents have declared and waged wars, Barron shows that these executives have had to get their way without openly defying Congress. Waging War shows us our country’s revered and colorful presidents at their most trying times—Washington, Lincoln, Theodore Roosevelt, Franklin Roosevelt, Truman, Eisenhower, John F. Kennedy, Johnson, both Bushes, and Obama. Their wars have made heroes of some and victims of others, but most have proved adept at getting their way over reluctant or hostile Congresses. The next president will face this challenge immediately—and the Constitution and its fragile system of checks and balances will once again be at the forefront of the national debate.
Author: Donald A. Ritchie
Publisher: Oxford University Press, USA
ISBN:
Category : History
Languages : en
Pages : 264
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Book Description
WHY WAS THE CONSTITUTION NECESSARY?--WHAT KIND OF GOVERNMENT DID THE CONSTITUTION CREATE?--HOW IS THE CONSTITUTION INTERPRETED?
