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Who Has Authority to Take the Country to War?

Mariah Zeisberg

in War Powers: The Politics of Constitutional Authority

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691157221
eISBN:
9781400846771
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691157221.003.0001
Subject:
Political Science, American Politics

This chapter first sets out the book's purpose, which is to demonstrate that the constitutional politics of war powers can be meaningfully assessed in terms that are congruent, rather than repugnant, ... More


The Politics of Constitutional Authority

Mariah Zeisberg

in War Powers: The Politics of Constitutional Authority

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691157221
eISBN:
9781400846771
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691157221.003.0006
Subject:
Political Science, American Politics

This case studies discussed in the previous chapters advanced the relational conception against settlement accounts of constitutional war powers. But this does not mean that the relational conception ... More


Defensive War: The Cuban Missile Crisis and Cambodian Incursion

Mariah Zeisberg

in War Powers: The Politics of Constitutional Authority

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691157221
eISBN:
9781400846771
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691157221.003.0004
Subject:
Political Science, American Politics

This chapter analyzes presidential conduct by showing how presidents can augment their authority to engage in independent acts of war. Specifically, it assesses Kennedy's behavior in the Cuban ... More


War Powers

Louis Fisher

in The Law of the Executive Branch: Presidential Power

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199856213
eISBN:
9780199358397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199856213.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on the war powers assigned to Congress. The discussions cover the authority to initiate war; military action in practice; the availability of a standing army; international and ... More


Watchdogs on the Hill: The Decline of Congressional Oversight of U.S. Foreign Relations

Linda L. Fowler

Published in print:
2015
Published Online:
October 2017
ISBN:
9780691151618
eISBN:
9781400866465
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151618.001.0001
Subject:
Political Science, American Politics

An essential responsibility of the U.S. Congress is holding the president accountable for the conduct of foreign policy. This book evaluates how the legislature's most visible and important watchdogs ... More


War Powers: The Politics of Constitutional Authority

Mariah Zeisberg

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691157221
eISBN:
9781400846771
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691157221.001.0001
Subject:
Political Science, American Politics

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 ... More


Scrutiny and Oversight

William McKay and Charles W. Johnson

in Parliament and Congress: Representation and Scrutiny in the Twenty-First Century

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199273621
eISBN:
9780191594281
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199273621.003.0007
Subject:
Political Science, American Politics, UK Politics

The means of parliamentary scrutiny are not as in the past mainly financial and exercised on the floor of the Commons. The twenty Opposition days are for political scrutiny. Estimates days, based on ... More


Congress and the Politics of Troop Withdrawal, 1966–1973

Julian E. Zelizer

in Governing America: The Revival of Political History

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691150734
eISBN:
9781400841899
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691150734.003.0016
Subject:
History, American History: early to 18th Century

This chapter examines the politics of U.S. troop withdrawal from Vietnam during the 1960s and 1970s in order to identify the strategies employed by Congress to check an imperial executive and to ... More


Reforming National Security Oversight in the Senate

Linda L. Fowler

in Watchdogs on the Hill: The Decline of Congressional Oversight of U.S. Foreign Relations

Published in print:
2015
Published Online:
October 2017
ISBN:
9780691151618
eISBN:
9781400866465
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151618.003.0008
Subject:
Political Science, American Politics

This chapter challenges the efficacy of reform proposals currently circulating in Washington and makes practical recommendations for improving the capacity of the Senate Armed Services and Foreign ... More


Writing and Ratifying a Foreign Affairs Constitution

in The Powers of War and Peace: The Constitution and Foreign Affairs after 9/11

Published in print:
2005
Published Online:
March 2013
ISBN:
9780226960319
eISBN:
9780226960333
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226960333.003.0004
Subject:
Law, Constitutional and Administrative Law

Meeting in Philadelphia in the summer of 1787, the delegates to the Constitutional Convention devoted more of their energies toward creating a stronger national government than detailing its precise ... More


Taming the Most Dangerous Branch: The Scope and Accountability of Executive Power in the United States

Ernest A. Young

in The Executive and Public Law: Power and Accountability in Comparative Perspective

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199285594
eISBN:
9780191700361
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199285594.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter undertakes a brief descriptive account of executive power — both its scope, and the means that American law has developed to hold the executive to account for its actions. This chapter ... More


Things Fall Apart: From a Russo-Turkish Dispute to the Crimean War, 1853–56

Jennifer Mitzen

in Power in Concert: The Nineteenth-Century Origins of Global Governance

Published in print:
2013
Published Online:
January 2014
ISBN:
9780226060088
eISBN:
9780226060255
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226060255.003.0006
Subject:
Political Science, International Relations and Politics

This chapter takes up the challenge of the Crimean War and reflects on why these states could not work together in the 1850s as they had in the 1820s. It establishes the historical context between ... More


The War Powers Framework for the Obama Presidency

Ryan C. Hendrickson

in Obama at War: Congress and the Imperial Presidency

Published in print:
2015
Published Online:
January 2016
ISBN:
9780813160948
eISBN:
9780813165462
Item type:
chapter
Publisher:
University Press of Kentucky
DOI:
10.5810/kentucky/9780813160948.003.0002
Subject:
Political Science, Conflict Politics and Policy

This chapter provides a brief historical background on the exercise of war powers in the United States by tracing the evolution from a constitution that was based on checks and balances to an ... More


Foreign Affairs and the Prelude to The Constitution

in The Powers of War and Peace: The Constitution and Foreign Affairs after 9/11

Published in print:
2005
Published Online:
March 2013
ISBN:
9780226960319
eISBN:
9780226960333
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226960333.003.0003
Subject:
Law, Constitutional and Administrative Law

During the colonial and revolutionary periods, the development of the war and treaty powers began to diverge. Allocation of the war power became swept up in the story of the revolutionaries' ... More


The War Powers of the U.S. Government

H. Jefferson Powell and Philip C. Bobbitt

in Targeting Americans: The Constitutionality of the U.S. Drone War

Published in print:
2016
Published Online:
April 2016
ISBN:
9780190492847
eISBN:
9780190492878
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190492847.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter provides an overview of the war powers the Constitution delegates to the federal government. These powers are plenary, meant to provide the authority to wage war successfully, but they ... More


Senators Kerry and McCain: Empowering the Commanders in Chief

Ryan C. Hendrickson

in Obama at War: Congress and the Imperial Presidency

Published in print:
2015
Published Online:
January 2016
ISBN:
9780813160948
eISBN:
9780813165462
Item type:
chapter
Publisher:
University Press of Kentucky
DOI:
10.5810/kentucky/9780813160948.003.0007
Subject:
Political Science, Conflict Politics and Policy

This chapter examines the legislative records of Senators John Kerry (D–Mass.) and John McCain (R–Ariz.) related to U.S. war powers. Both senators have long and sustained records of supporting ... More


Obama at War: Congress and the Imperial Presidency

Ryan C. Hendrickson

Published in print:
2015
Published Online:
January 2016
ISBN:
9780813160948
eISBN:
9780813165462
Item type:
book
Publisher:
University Press of Kentucky
DOI:
10.5810/kentucky/9780813160948.001.0001
Subject:
Political Science, Conflict Politics and Policy

As the United States faces new foreign threats and security challenges, U.S. foreign-policy makers continue to find novel ways of using military force abroad. During the Obama presidency, the United ... More


POW Treatment and Lawyers

Elizabeth Grimm Arsenault

in How the Gloves Came Off: Lawyers, Policy Makers, and Norms in the Debate on Torture

Published in print:
2017
Published Online:
January 2019
ISBN:
9780231180788
eISBN:
9780231543255
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231180788.003.0004
Subject:
Political Science, Security Studies

Following the attacks of 9/11, the normative challenges put forth by the lawyers inside the Bush administration consisted of two main arguments: that international law should play less of a role in ... More


War Powers and the War on Terrorism

Curtis A. Bradley

in International Law in the U.S. Legal System

Published in print:
2015
Published Online:
April 2015
ISBN:
9780190217761
eISBN:
9780190217808
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190217761.003.0010
Subject:
Law, Private International Law, Comparative Law

This chapter considers the relevance of international law within the U.S. legal system to the United States’ initiation and conduct of war. After briefly reviewing some of the most relevant treaties ... More


Syria and Beyond

Ryan C. Hendrickson

in Obama at War: Congress and the Imperial Presidency

Published in print:
2015
Published Online:
January 2016
ISBN:
9780813160948
eISBN:
9780813165462
Item type:
chapter
Publisher:
University Press of Kentucky
DOI:
10.5810/kentucky/9780813160948.003.0008
Subject:
Political Science, Conflict Politics and Policy

This chapter addresses the war powers interplay between the executive branch and Congress as the Obama administration moved toward military action in Syria in 2013. Although many members of Congress ... More


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