Declaring war : Congress, the president, and what the constitution does not say / Brien Hallett, University of Hawaiʻi-Manoa, Matsunaga Institute of Peace.
"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 Co...
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| Online Access: |
Full Text (via ProQuest) |
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| Main Author: | |
| Format: | eBook |
| Language: | English |
| Published: |
Cambridge [United Kingdom] :
Cambridge University Press,
2012.
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| Subjects: |
| Summary: | "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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| Physical Description: | 1 online resource (xvii, 273 pages) : illustrations. |
| Bibliography: | Includes bibliographical references (pages 257-263) and index. |
| ISBN: | 1139554980 9781139554985 9781139208734 113920873X 9781139552530 1139552538 |
| Source of Description, Etc. Note: | Source of description: Print version record. |