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Declaring War

Declaring War
Author: Brien Hallett
Publisher: Cambridge University Press
Total Pages: 295
Release: 2012-08-13
Genre: Law
ISBN: 1139561189

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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.


Congress Declares War

Congress Declares War
Author: Roland H. Worth, Jr.
Publisher: McFarland
Total Pages: 197
Release: 2010-06-28
Genre: History
ISBN: 0786482265

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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.


Congress Declares War

Congress Declares War
Author: Roland H. Worth
Publisher: McFarland Publishing
Total Pages: 188
Release: 2004-01-01
Genre: History
ISBN: 9780786418046

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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.


The Lost Art of Declaring War

The Lost Art of Declaring War
Author: Brien Hallett
Publisher: University of Illinois Press
Total Pages: 212
Release: 1998
Genre: Executive power
ISBN: 9780252067266

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Historically, it has been assumed that war is violence and declarations of war are simply public announcements that serve to initiate combat. Brien Hallett denies both assumptions and claims that war is policy, not violence. The Lost Art of Declaring War analyzes the crucial differences between combat and war and convincingly argues that the power to "declare" war is in actuality the power to compose a text, draft a document, write a denunciation. Once written, the declaration then serves three functions: to articulate the political purposes of the war, to guide and direct military operations, and to establish the boundary between justified combat and unjustified devastation. Hallett sounds a clarion call urging the people and their representatives to take up the challenge and write fully reasoned declarations of war. Then, and only then, can a civilized nation like the United States lay claim to being fully democratic, not only in peacetime, but in wartime as well. "Brien Hallett has fashioned an original, incisive, and powerful argument for the proper standards for going to war. Tightly reasoned throughout and well timed to address the conceptual confusion that now reigns." -- Louis Fisher, author of Presidential War Power


Mr. Madison's War

Mr. Madison's War
Author: John Lowell
Publisher:
Total Pages: 76
Release: 1812
Genre: France
ISBN:

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Waging War

Waging War
Author: David J. Barron
Publisher: Simon and Schuster
Total Pages: 576
Release: 2016-10-04
Genre: History
ISBN: 1451681976

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“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.


Congress Declares War

Congress Declares War
Author: Ronald L. Hatzenbuehler
Publisher:
Total Pages: 184
Release: 1983
Genre:
ISBN: 9780783705002

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The Living Presidency

The Living Presidency
Author: Saikrishna Bangalore Prakash
Publisher: Harvard University Press
Total Pages: 353
Release: 2020-04-21
Genre: Political Science
ISBN: 0674245210

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A constitutional originalist sounds the alarm over the presidency’s ever-expanding powers, ascribing them unexpectedly to the liberal embrace of a living Constitution. Liberal scholars and politicians routinely denounce the imperial presidency—a self-aggrandizing executive that has progressively sidelined Congress. Yet the same people invariably extol the virtues of a living Constitution, whose meaning adapts with the times. Saikrishna Bangalore Prakash argues that these stances are fundamentally incompatible. A constitution prone to informal amendment systematically favors the executive and ensures that there are no enduring constraints on executive power. In this careful study, Prakash contends that an originalist interpretation of the Constitution can rein in the “living presidency” legitimated by the living Constitution. No one who reads the Constitution would conclude that presidents may declare war, legislate by fiat, and make treaties without the Senate. Yet presidents do all these things. They get away with it, Prakash argues, because Congress, the courts, and the public routinely excuse these violations. With the passage of time, these transgressions are treated as informal constitutional amendments. The result is an executive increasingly liberated from the Constitution. The solution is originalism. Though often associated with conservative goals, originalism in Prakash’s argument should appeal to Republicans and Democrats alike, as almost all Americans decry the presidency’s stunning expansion. The Living Presidency proposes a baker’s dozen of reforms, all of which could be enacted if only Congress asserted its lawful authority.


Why We Went to War

Why We Went to War
Author: Christian Gauss
Publisher:
Total Pages: 382
Release: 1918
Genre: World War, 1914-1918
ISBN:

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