A classic and bestselling work by one of America’s top Constitutional scholars,
Presidential War Power garnered the lead review in the
New York Times Book Review and raised essential issues that have only become more timely, relevant, and controversial in our post-9/11 era.
In this third edition, Louis Fisher updates his arguments throughout, critiques the presidential actions of George W. Bush and Barack Obama, and challenges what he views as their dangerous expansion of executive power. Spanning the life of the Republic from the Revolutionary Era to the War on Terror, the new edition covers for the first time: n Indefinite detention of civilians and non-civilians without trial n President Obama’s failed effort to close Guantánamo n NSA wiretapping and Fourth Amendment violations n Presidential decision-making relating to the wind-down of the wars in Iraq and Afghanistan n U.S. military operations against Libya in 2011 n Continued abuse of the state secrets privilege in national security court cases n Secret legal memos justifying the use of UAVs or drones for targeted killings overseas n Extended comparison of the expansion of executive power under George W. Bush and Barack Obama
Tabela de Conteúdo
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
Suggested Readings
Index of Cases
Subject Index
Sobre o autor
Louis Fisher, recently retired as Scholar in Residence at the Constitution Project, previously worked at the Library of Congress as Senior Specialist in Separation of Powers (Congressional Research Service) and as Specialist in Constitutional Law (Law Library). His many books include The Constitution and 9/11: Recurring Threats to America’s Freedoms; Military Tribunals and Presidential Power, which won the American Political Science Association’s Richard E. Neustadt Award; In the Name of National Security: Unchecked Presidential Power and the Reynolds Case; and Constitutional Conflicts between Congress and the President. In 2012, he received the APSA’s Hubert H. Humphrey Award for notable public service by a political scientist.
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