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Presidential War Power

Presidential War Power

Third Edition, Revised

by Louis Fisher

Sales Date: September 17, 2013

376 Pages, 6.00 x 9.00 in

Paperback
9780700619313
Published: September 2013

$24.95

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Hardcover
9780700619306
Published: September 2013

$49.50

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eBook
9780700619788
Published: April 2014

Ebook version available from your favorite ebook retailer.

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Praise
Table of Contents

“An authoritative book on an issue that goes to the heart of what the Constitution says and whether it still has a controlling influence on our national life.”—New York Times Book Review
“An intelligent and convincing contribution to the debate over our form of government.”—Washington Post Book World
“Should be read by all Americans interested in the political well-being of their country.”—Presidential Studies Quarterly
“An essential volume for all libraries.”—Choice
“Fisher’s fundamental point is compelling: the power to commence war was given to the Congress under the Constitution and should remain there."—Yale Law Review
“Trenchant, provocative, and powerful, with lean and lucid prose.”—American Political Science Review
“Should be required reading on Capitol Hill and in the White House as well as in classrooms.”—Political Science Quarterly
"This important book deserves the widest possible readership and should be compulsory reading for every Congressman and President. A tour de force."—Leonard W. Levy, editor-in-chief, Encyclopedia of the American Constitution
"A lucid and thoughtful work by the nation’s top authority on the separation of powers doctrine. Fisher gives a balanced account of differences on this contentious topic but pulls no punches in presenting his own views. This book will be cited for years to come. It's a classic."—Michael J. Glennon, author of Constitutional Diplomacy and former legal counsel to the U.S. Senate Foreign Relations Committee
"No one knows more about this complex issue than Louis Fisher. Those who care about the preservation of constitutional government in the United States will want to study this careful, sensible, and deeply disturbing book."—Donald L. Robinson, author of “To the Best of My Ability”: The Presidency and the Constitution
"This volume is simply indispensable to anyone who cares about how this nation resorts to the use of force abroad. With great insight, Fisher explores the dangerous drift toward excessive presidential discretion over war-making."—Loch K. Johnson, author of America as a World Power: Foreign Policy in a Constitutional Framework
"This impressive volume displays the great sweep of Fisher’s knowledge and historical understanding in the ever-churning war powers field. It’s both a necessary addition to the constitutional bookshelf and a fascinating read in its own right."—Harold Hongju Koh, author of The National Security Constitution: Sharing Power after the Iran-Contra Affair

Preface

Note on Citations

1. The Constitutional Framework

-The British Models
-Opposing Monarchical Powers
-Associated War Powers
-Repelling Sudden Attacks
-Separating Purse and Sword
-Commander in Chief
-Scholarly Analysis

2. Precedents from 1789

-1900
-Indian Wars
-President as “Sole Organ”
-The Whiskey Rebellion
-Quasi-War with France
-Neutrality Act Prosecutions
-The “Little Sarah” Incident
-Barbary Wars
-The War of 1812
-The Mexican War
-Bombarding Greytown
-The Civil War
-Spanish-American War

3. America Steps Out: 1900-1945

-Protecting Life and Property
-President Wilson's Forays
-Intervention in Nicaragua
-World War I
-The Curtiss-Wright Case
-Legislative Contraints in the 1930s
-World War II

4. The UN Charter and Korea

-The League of Nations
-Creating the UN Charter
-The UN Participation Act
-Vandenberg Resolution
-The Korean War
-Political Repercussions

5. Taking Stock: 1951-1964

-Mutual Security Treaties
-NATO’s Legislative History
-The “Great Debate” in 1951
-The Steel Seizure Case
-Eisenhower’s Philosophy
-Area Resolutions
-Kennedy Reasserts Executive Power

6. Vietnam and the War Powers Resolutions

-Gulf of Tonkin Resolution
-Escalation of the War
-Free World Forces
-National Commitments Resolution in 1969
-Disputes in Courts
-The War Powers Resolution Strengths and Weaknesses
-Efforts to Amend the WPR

7. Military Initiatives from Ford to Bush I

-Evacuations from Southeast Asia
-The Mayaguez Capture
-Desert One Rescue Effort
-Lebanon
-Invasion of Grenada
-AIr Strikes against Libya
-Escort Operations in the Persan Gulf
-Panama
-The Gulf War

8. Military Actions by Clinton

-Launching Missiles against Baghdad
-Combat Operations in Somalia
-Troops to Haiti
-Air Strikes in Bosnia
-Ground Troops to Bosnia
-Continued Strikes against Iraq
-Afghanistan and Sudan
-War against Yugoslavia

9. George W. Bush

-The Preemption Doctrine
-Military Tribunals
-Military Action in Afghanistan
-War against Iraq
-Making the Case for War against Iraq
-Enlisting Legislative Support
-Unsubstantiated Executive Claims
-Voting on the Iraq Resolution
-After Military Victory
-Doctoring Intelligence Reports

10. Barack Obama

-Closing Guantanamo
-Withdrawing U.S. Troops from Iraq
-Options in Afghanistan
-Military Intervention in Libya
-Invoking the State Secrets Privilege
-Electronic Surveillance
-Military Detention without Trial
-Targeted Killings

11. Covert Operations

-Seeds of Secrecy
-Early Departures from Openness
-The Intelligence Community
-Statutory Controls of the CIA
-Covert Action in the Open
-The Iran-Contra Affair
-Congressional Reforms
-Actions against Terrorism

12. Restoring Checks and Balances

-Contemporary Justifications
-Jackson’s Zone of Twilight
-Revisiting War Powers
-Consultation
-A Forbidden Legislative Veto?
-Compelling Court Action
-Statutory Restrictions
-Thinking National Interest

Appendices

A: Framers’ Debate on the War Power

B: Constitutional Allocation of Foreign Affairs and the War Power

C: UN Participation Act of 1945

D: 1949 Amendments to UN Participation Act

E: War Powers Resolution of 1973

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Presidential War Power

Third Edition, Revised

Presidential War Power

Third Edition, Revised

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