Declaring War: Congress, the President, and What the Constitution Does Not SayDeclaring 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. |
Contents
A Constitutional Tyranny | 1 |
Why the Congress Ought | 42 |
The Message | 48 |
The Games Continue in the Senate | 54 |
The End of the Games | 61 |
The | 72 |
A Congressional Desire to Cooperate | 78 |
6 | 86 |
Six Possible Structures | 146 |
A Constitutional Amendment | 163 |
A Congressional WorkAround 18 3 | 183 |
The Rule | 207 |
Searching | 216 |
Senator Malcolm Wallop | 237 |
The Eoederative Powers | 251 |
| 257 | |
Other editions - View all
Declaring War: Congress, the President, and What the Constitution Does Not Say Brien Hallett No preview available - 2012 |
Common terms and phrases
absolute declaration amendment American April armed forces authority bicameral commander in chief conditional declaration conflict partner conflict resolution congressional declarations congressional power Constitution Convention Cuba Cuban debate decide the question decision declaration of war declaration ofwar define dictatorial president draft elected example executive existence Fifty-fifth Congress final finally fine first five foederative powers foreign functionally equivalent George H. W. Bush grant letters hostilities House illocutionary force imperfect initiative Iohn Iraq king legislative legislature letters of marque locution marque or reprisal McKinley’s means military nation office officers official one’s ontologically perfect peacetime performative speech act political power to declare Powers Resolution presidential procedurally perfect procedurally perfect declaration public announcement relationship Representatives Republic Republican rule of law Second Continental Congress Senate social Spain Speaker Special staff specific speech act standing-committee sufficient tion town crier Twelfth Congress U.S. Congress United vote War Hawks War Powers Resolution