Declaring War Congress, the President, and What the Constitution Does Not Say

Name: Declaring War Congress, the President, and What the Constitution Does Not Say
Price: 9.38 USD
Availability: InStock
ISBN: 9781107608573

ISBN-10: 1107608570

ISBN-13: 9781107608573

Edition: 2013

Authors: Brien Hallett

List price: $20.99

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Description:

Declaring War directly challenges the 200-year-old belief that the 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 the Congress to declare war. This book 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 reorganization of Congress. It offers a comprehensive historical, legal, constitutional, moral and philosophical analysis of why Congress has failed to…

Book details

List price: $20.99
Copyright year: 2013
Publisher: Cambridge University Press
Publication date: 8/13/2012
Binding: Paperback
Pages: 287
Size: 5.98" wide x 9.37" long x 0.55" tall
Weight: 0.836




A constitutional tyranny and presidential dictatorship



What Is the History?



How the president declares war: the War of 1812



Why the Congress ought not declare war: the Spanish-American War, 1898



A plan for acquiescence: the War Powers Resolution of 1973



What Is a Declaration of War?



Declaring and commanding: forms, functions, and relationships



Lawful and unlawful declarations of war: quantity over quality



Six possible structures



What Are the Solutions?



A constitutional amendment



A congressional work-around



What Is the Theory?



Bellum justum et pium: the rule of law and roman piety



The rule of law: searching for ontology



Senator Malcolm Wallop



Five congressional declarations of war and one appropriations act



The federative powers in parliamentary governments