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"War Power"
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War powers
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 constitutional authority to take the country to war? War Powers argues that the Constitution doesn't offer a single legal answer to that question. But its structure and values indicate a vision of a well-functioning constitutional politics, one that enables the branches of government themselves to generate good answers to this question for the circumstances of their own times.
Mariah Zeisberg shows that what matters is not that the branches enact the same constitutional settlement for all conditions, but instead how well they bring their distinctive governing capacities to bear on their interpretive work in context. Because the branches legitimately approach constitutional questions in different ways, interpretive conflicts between them can sometimes indicate a successful rather than deficient interpretive politics. Zeisberg argues for a set of distinctive constitutional standards for evaluating the branches and their relationship to one another, and she demonstrates how observers and officials can use those standards to evaluate the branches' constitutional politics. With cases ranging from the Mexican War and World War II to the Cold War, Cuban Missile Crisis, and Iran-Contra scandal, War Powers reinterprets central controversies of war powers scholarship and advances a new way of evaluating the constitutional behavior of officials outside of the judiciary.
eBook
Roots of war : wanting power, seeing threat, justifying force
\"Roots of War presents systematic archival, experimental, and survey research on three psychological factors leading to war--desire for power, exaggerated perception of threat, and justification for force -- set in comparative historical accounts of the unexpected 1914 escalation to world war and the peacefully - resolved 1962 Cuban Missile Crisis.\"--Provided by publisher.
Book
Courts at War
On June 28, 2004, the US Supreme Court broke with a long-standing tradition of deference to the executive in wartime national security cases and became an important actor in an armed conflict. By declining to rubber-stamp the executive branch's actions, the judiciary would henceforth play a major role in shaping national security policies in the war on terror. After the September 11, 2001, terrorist attacks, lawyers, lawsuits, and court decisions have repeatedly altered the landscape in the policy areas of detention and military commissions. In Courts at War Gregory Burnep explores how, after 9/11, lawyers and judges became deeply involved in an armed conflict, with important consequences for presidential authority, the separation of powers, and the treatment of individuals suspected of posing a threat to the United States.
Courts at War goes beyond the postâ€\"9/11 armed conflict. It analyzes the changes in the position of courts vis-à-vis the other branches of government (courts in conflict with the executive, the legislature, or both)-even courts in conflict with other courts. The consequences included increased checks on presidential authority and greater levels of due process for suspected belligerents held in US custody. But Burnep also shows that there are unintended consequences that accompany these developments.
Burnep innovatively applies an interbranch perspective to persuasively argue that litigation and judicial involvement have important implications for changing patterns of policy development in a wide range of national security policy areas, including surveillance, interrogation, targeted killings, and President Trump's travel ban.
eBook
Allied power : mobilizing hydro-electricity during Canada's Second World War
Canada emerged from the Second World War as a hydro-electric superpower. Only the United States generated more hydro power than Canada, and only Norway generated more per capita. Allied Power is about how this came to be: the mobilization of Canadian hydro-electricity during the war and the impact of that wartime expansion on Canada's power systems, rivers, and politics.
Book
Choosing your battles
America's debate over whether and how to invade Iraq clustered into civilian versus military camps. Top military officials appeared reluctant to use force, the most hawkish voices in government were civilians who had not served in uniform, and everyone was worried that the American public would not tolerate casualties in war. This book shows that this civilian-military argument--which has characterized earlier debates over Bosnia, Somalia, and Kosovo--is typical, not exceptional. Indeed, the underlying pattern has shaped U.S. foreign policy at least since 1816. The new afterword by Peter Feaver and Christopher Gelpi traces these themes through the first two years of the current Iraq war, showing how civil-military debates and concerns about sensitivity to casualties continue to shape American foreign policy in profound ways.
eBook
Ex Parte Milligan Reconsidered
At the very end of the Civil War, a military court convicted
Lambdin P. Milligan and his coconspirators in Indiana of fomenting
a general insurrection and sentenced them to hang. On appeal, in
Ex parte Milligan the US Supreme Court sided with the
conspirators, ruling that it was unconstitutional to try American
citizens in military tribunals when civilian courts were open and
functioning-as they were in Indiana. Far from being a relic of the
Civil War, the landmark 1866 decision has surprising relevance in
our day, as this volume makes clear. Cited in four Supreme Court
decisions arising from the wars in Afghanistan and Iraq, Ex
parte Milligan speaks to constitutional questions raised by
the war on terror; but more than that, the authors of Ex parte
Milligan Reconsidered contend, the case affords an
opportunity to reevaluate the history of wartime civil liberties
from the Civil War era to our own. After the Civil War, critics of
Reconstruction pointed to Milligan as an example of the
Republican Party's abuse of federal power; even historians
sympathetic to Lincoln have found it necessary to apologize for his
administration's record on civil liberties during the Civil War.
However, the authors of this volume argue that this distorts the
nineteenth-century understanding of the Bill of Rights, neglects
international law entirely, and, equally striking, ignores the
experience of African Americans. In reviving Milligan , the
Supreme Court has implicitly cast Reconstruction as a \"war on
terror\" in which terrorist insurgencies threatened and eventually
halted the assertion of black freedom by the Republican Party, the
Union Army, and African Americans themselves. Returning African
Americans to the center of the story, and recognizing that Lincoln
and Republicans were often forced to restrict white civil liberties
in order to establish black civil rights and liberties, Ex parte
Milligan Reconsidered suggests an entirely different
account of wartime civil liberties, one with profound implications
for US racial history and constitutional law in today's war on
terror.
eBook
International Relations Theory of War
\"This book tries to answer two key questions. The first is why certain periods are more prone to war than others. The other is why certain wars that involve polar powers end with their territorial expansion whereas other wars end in their contraction or maintaining their territorial status. In conclusion, it is asked whether the polarity of the system affects these two outcomes, and if so, how\"-- Provided by publisher.
Book
Overcoming Necessity
An argument for why emergencies are no excuse for extralegal action by presidents Using emergency as a cause for action ultimately leads to an almost unnoticed evolution in the political understanding of presidential powers. The Constitution, however, was designed to function under \"states of exception,\" most notably through the separation of powers, and provides ample internal checks on emergency actions taken under claims of necessity. Thomas Crocker urges Congress, the courts, and other bodies to put those checks into practice.
eBook