Declaring War - Congress, the President, and What the Constitution Does Not Say (Hardcover, New)

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."

General

Imprint:	Cambridge UniversityPress
Country of origin:	United Kingdom
Release date:	August 2012
First published:	August 2012
Authors:	Brien Hallett
Dimensions:	234 x 156 x 17mm (L x W x T)
Format:	Hardcover
Pages:	294
Edition:	New
ISBN-13:	978-1-107-02692-6
Categories:	Books > Law > Jurisprudence & general issues > Legal history Books > Law > Other areas of law > Military law & courts martial Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > General
LSN:	1-107-02692-X
Barcode:	9781107026926

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