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

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ISBN-10: 1107608570

ISBN-13: 9781107608573

Edition: 2013

Authors: Brien Hallett

List price: $25.99
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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 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 to investigate why and how a 'public announcement' is essential for the social construction of both war and the rule of law.
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Book details

List price: $25.99
Copyright year: 2013
Publisher: Cambridge University Press
Publication date: 8/13/2012
Binding: Paperback
Pages: 287
Size: 6.00" wide x 9.00" long x 0.75" tall
Weight: 1.100

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