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Declaring War - Congress, the President, and What the Constitution Does Not Say (Hardcover, New)
Loot Price: R2,021
Discovery Miles 20 210
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Declaring War - Congress, the President, and What the Constitution Does Not Say (Hardcover, New)
Expected to ship within 12 - 17 working days
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Total price: R2,041
Discovery Miles: 20 410
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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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