The U.S. Constitution and the Power to Go to War - Historical and Current Perspectives

Noted experts examine America's power to go to war historically and recently, now that the Cold War has ended. They propose ways that the Congress and the president might develop a new working consensus for dealing with the use of military or paramilitary force in the future. This scholarly study of constitutional and statutory proscriptions, UN treaty and international obligations, and judicial restraints is essential reading for undergraduate and graduate students, law students, teachers, and professionals concerned with constitutional interpretation, the government's division of power, and war making.

List of contents

Acknowledgments
Introduction by Gary M. Stern and Morton H. Halperin
Historical Survey of the War Powers and the Use of Force by Louis Fisher
Constitutional Constraints: The War Clause by Peter Raven-Hansen
Statutory Constraints: The War Powers Resolution by Ellen C. Collier
Treaty Constraints: The United Nations Charter and War Powers by Jane E. Stromseth
International Law Constraints by Jules Lobel
Judicial Constraints: The Courts and War Powers by Harold Hongju Koh
Constraints on "Covert" Paramilitary Action by Gregory F. Treverton
"Covert" Paramilitary Action and War Powers by Gary M. Stern and Morton H. Halperin
Emergency War Powers by John Norton Moore
Common Ground by Gary M. Stern and Morton H. Halperin
Appendix
Selected Bibliography
Index

About the author

GARY M. STERN, Research Associate at the Center for National Security Studies, focuses on the war powers and other issues involving national security and civil liberties. He co-authored Lawful Wars with Morton Halperin in Foreign Policy (Fall 1988) and the American Civil Liberties Union amicus curiae brief in Dellums v. Bush in 1990.

MORTON H. HALPERIN, Senior Associate at the Carnegie Endowment for International Peace, was formerly the Director of the Advisory Board of the Center for National Security Studies and the American Civil Liberties Union. His many books include Self-Determination in the New World Order (1992) and Nuclear Fallacy (1987).

Product details

• Assisted by: Morton Halperin (Editor), Morton H. Halperin (Editor), Gary M. Stern (Editor), Stern Gary M. (Editor)
• Publisher: Bloomsbury
• Languages: English
• Age Recommendation: ages 7 to 17
• Product format: Hardback
• Released: 30.11.1993
• EAN: 9780313289583
• ISBN: 978-0-313-28958-3
• Subjects: Social sciences, law, business > Law > Public law, administrative procedural law, constitutional procedural law; USA, HISTORY / Military / General, HISTORY / Military / United States, POLITICAL SCIENCE / American Government / Executive Branch, POLITICAL SCIENCE / American Government / Legislative Branch, POLITICAL SCIENCE / American Government / National, Warfare & defence, United States of America, USA, Warfare and defence, Constitution: government & the state, Central / national / federal government, Central government, Constitution: government and the state, Politics, Law, and Government: History