War Powers Litigation Initiated by Members of Congress Since the Enactment of the War Powers Resolution PDF Download
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Author:
Publisher: DIANE Publishing
ISBN: 1437988644
Category :
Languages : en
Pages : 21
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Book Description
Author:
Publisher: DIANE Publishing
ISBN: 1437988644
Category :
Languages : en
Pages : 21
Get Book Here
Book Description
Author: Congressional Research Service
Publisher: Createspace Independent Publishing Platform
ISBN: 9781545111680
Category :
Languages : en
Pages : 98
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Book Description
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.
Author: David M. Ackerman
Publisher:
ISBN:
Category : Separation of powers
Languages : en
Pages : 18
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Book Description
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: W. Taylor Reveley
Publisher: Charlottesville : University Press of Virginia
ISBN:
Category : Law
Languages : en
Pages : 428
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Book Description
Discussing what war powers involve and which branch of government should control them, Reverly grapples with the full historical, political and legal complexities of this matter. He identifies the issues that must be considered, given the division of power between the President and Congress and analyzes the four main factors that shape this division -- the text of the Constitution, the purposes of its framers and ratifiers, evolving beliefs about what the Constitution requires and the various divisions of power that have existed between the President and Congress over the past two centuries. Also makes recommendations to achieve a coherent, consistent and workable war-powers policy, without endangering national security or violating the Constitution.
Author: Richard F. Grimmett
Publisher: DIANE Publishing
ISBN: 1437932932
Category : Law
Languages : en
Pages : 81
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Book Description
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.
Author: Kristen Boon
Publisher: Oxford University Press, USA
ISBN: 019991592X
Category : Law
Languages : en
Pages : 591
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Book Description
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.
Author: Douglas Lovelace Jr.
Publisher: Oxford University Press
ISBN: 0190650214
Category : Law
Languages : en
Pages : 369
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Book Description
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.
Author: Douglas C. Lovelace
Publisher: Oxford University Press
ISBN: 0190255331
Category : History
Languages : en
Pages : 369
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Book Description
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.
Author: Douglas Lovelace, Jr.
Publisher: Oxford University Press, USA
ISBN: 0190255285
Category : Law
Languages : en
Pages : 209
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Book Description
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.
