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Author: Mariah Zeisberg
Publisher: Princeton University Press
ISBN: 0691168032
Category : Political Science
Languages : en
Pages : 286
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Book Description
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.
Author: Mariah Zeisberg
Publisher: Princeton University Press
ISBN: 0691168032
Category : Political Science
Languages : en
Pages : 286
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Book Description
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.
Author: Louis Fisher
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 344
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Book Description
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.
Author: Sarah Burns
Publisher: University Press of Kansas
ISBN: 0700628738
Category : Political Science
Languages : en
Pages : 328
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Book Description
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.
Author: Peter Irons
Publisher: Macmillan
ISBN: 9780805080179
Category : Law
Languages : en
Pages : 328
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Book Description
This book examines a fundamental question in the development of the American empire: What constraints does the Constitution place on our territorial expansion, military intervention, occupation of foreign countries, and on the power the president may exercise over American foreign policy? Worried about the dangers of unchecked executive power, the Founding Fathers deliberately assigned Congress the sole authority to make war. But the last time Congress declared war was on December 8, 1941, after the Japanese attack on Pearl Harbor. Since then, every president from Harry Truman to George W. Bush has used military force in pursuit of imperial objectives, while Congress and the Supreme Court have virtually abdicated their responsibilities to check presidential power. Legal historian Irons recounts this story of subversion from above, tracing presidents' increasing willingness to ignore congressional authority and even suspend civil liberties.--From publisher description.
Author: Brian Massumi
Publisher: Duke University Press
ISBN: 0822375192
Category : Philosophy
Languages : en
Pages : 263
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Book Description
Color coded terror alerts, invasion, drone war, rampant surveillance: all manifestations of the type of new power Brian Massumi theorizes in Ontopower. Through an in-depth examination of the War on Terror and the culture of crisis, Massumi identifies the emergence of preemption, which he characterizes as the operative logic of our time. Security threats, regardless of the existence of credible intelligence, are now felt into reality. Whereas nations once waited for a clear and present danger to emerge before using force, a threat's felt reality now demands launching a preemptive strike. Power refocuses on what may emerge, as that potential presents itself to feeling. This affective logic of potential washes back from the war front to become the dominant mode of power on the home front as well. This is ontopower—the mode of power embodying the logic of preemption across the full spectrum of force, from the “hard” (military intervention) to the "soft" (surveillance). With Ontopower, Massumi provides an original theory of power that explains not only current practices of war but the culture of insecurity permeating our contemporary neoliberal condition.
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: Charlie Savage
Publisher: Little, Brown
ISBN: 0316286605
Category : Political Science
Languages : en
Pages : 1067
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Book Description
Pulitzer Prize-winning journalist Charlie Savage's penetrating investigation of the Obama presidency and the national security state. Barack Obama campaigned on changing George W. Bush's "global war on terror" but ended up entrenching extraordinary executive powers, from warrantless surveillance and indefinite detention to military commissions and targeted killings. Then Obama found himself bequeathing those authorities to Donald Trump. How did the United States get here? In Power Wars, Charlie Savage reveals high-level national security legal and policy deliberations in a way no one has done before. He tells inside stories of how Obama came to order the drone killing of an American citizen, preside over an unprecendented crackdown on leaks, and keep a then-secret program that logged every American's phone calls. Encompassing the first comprehensive history of NSA surveillance over the past forty years as well as new information about the Osama bin Laden raid, Power Wars equips readers to understand the legacy of Bush's and Obama's post-9/11 presidencies in the Trump era.
Author: Shawn M. Powers
Publisher: University of Illinois Press
ISBN: 0252097106
Category : Business & Economics
Languages : en
Pages : 289
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Book Description
Contemporary discussion surrounding the role of the internet in society is dominated by words like: internet freedom, surveillance, cybersecurity, Edward Snowden and, most prolifically, cyber war. Behind the rhetoric of cyber war is an on-going state-centered battle for control of information resources. Shawn Powers and Michael Jablonski conceptualize this real cyber war as the utilization of digital networks for geopolitical purposes, including covert attacks against another state's electronic systems, but also, and more importantly, the variety of ways the internet is used to further a state’s economic and military agendas. Moving beyond debates on the democratic value of new and emerging information technologies, The Real Cyber War focuses on political, economic, and geopolitical factors driving internet freedom policies, in particular the U.S. State Department's emerging doctrine in support of a universal freedom to connect. They argue that efforts to create a universal internet built upon Western legal, political, and social preferences is driven by economic and geopolitical motivations rather than the humanitarian and democratic ideals that typically accompany related policy discourse. In fact, the freedom-to-connect movement is intertwined with broader efforts to structure global society in ways that favor American and Western cultures, economies, and governments. Thought-provoking and far-seeing, The Real Cyber War reveals how internet policies and governance have emerged as critical sites of geopolitical contestation, with results certain to shape statecraft, diplomacy, and conflict in the twenty-first century.
Author: Michael Beschloss
Publisher: Crown
ISBN: 0307409619
Category : History
Languages : en
Pages : 754
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Book Description
NEW YORK TIMES BESTSELLER • From a preeminent presidential historian comes a “superb and important” (The New York Times Book Review) saga of America’s wartime chief executives “Fascinating and heartbreaking . . . timely . . . Beschloss’s broad scope lets you draw important crosscutting lessons about presidential leadership.”—Bill Gates Widely acclaimed and ten years in the making, Michael Beschloss’s Presidents of War is an intimate and irresistibly readable chronicle of the Chief Executives who took the United States into conflict and mobilized it for victory. From the War of 1812 to Vietnam, we see these leaders considering the difficult decision to send hundreds of thousands of Americans to their deaths; struggling with Congress, the courts, the press, and antiwar protesters; seeking comfort from their spouses and friends; and dropping to their knees in prayer. Through Beschloss’s interviews with surviving participants and findings in original letters and once-classified national security documents, we come to understand how these Presidents were able to withstand the pressures of war—or were broken by them. Presidents of War combines this sense of immediacy with the overarching context of two centuries of American history, traveling from the time of our Founders, who tried to constrain presidential power, to our modern day, when a single leader has the potential to launch nuclear weapons that can destroy much of the human race. Praise for Presidents of War "A marvelous narrative. . . . As Beschloss explains, the greatest wartime presidents successfully leaven military action with moral concerns. . . . Beschloss’s writing is clean and concise, and he admirably draws upon new documents. Some of the more titillating tidbits in the book are in the footnotes. . . . There are fascinating nuggets on virtually every page of Presidents of War. It is a superb and important book, superbly rendered.”—Jay Winik, The New York Times Book Review "Sparkle and bite. . . . Valuable and engrossing study of how our chief executives have discharged the most significant of all their duties. . . . Excellent. . . . A fluent narrative that covers two centuries of national conflict.” —Richard Snow, The Wall Street Journal
Author: Paul Kennedy
Publisher: Routledge
ISBN: 1317702514
Category : History
Languages : en
Pages : 343
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Book Description
The origins of the First World War remain one of the greatest twentieth century historical controversies. In this debate the role of military planning in particular and of militarism in general, are a key focus of attention. Did the military wrest control from the civilians? Were the leaders of Europe eager for a conflict? What military commitments were made between the various alliance blocks? These questions are examined in detail here in eleven essays by distinguished historians and the editor’s introduction provides a focus and draws out the comparative approach to the history of military policies and war plans of the great powers.
