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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."
Offering a unique resource for students, scholars, and citizens,
this work fully explains all of the 21 enumerated powers of the
U.S. Congress, from the "power of the purse" to the power to
declare war. This work presents a comprehensive overview of the 21
congressional powers enumerated in the Constitution of the United
States through essays that focus on each power. These informative
essays introduce and explain each power individually, address its
evolution from 1789 to the modern day and into the foreseeable
future, and provide real-world examples of how each power has been
applied through U.S. history. The comprehensive content enables an
understanding of the mutually supporting interplay of all of the
legislative powers in our government's system of checks and
balances, and it allows readers to better appreciate how radical
and daring the framers were at the Philadelphia convention in 1787.
Readers will learn about Congressional powers that greatly impact
modern citizens, many of which are frequently mentioned in news
media due to policy struggles over budget, immigration, and
national security; debates regarding the ideal size and role of
government; and many others. The contributors also address
questions regarding the responsibilities of the Congress, the ways
in which Congress has met or failed to meet these responsibilities
over the past two centuries, and what changes to congressional
power may come in the future.
Declaring War directly challenges the 200-year-old belief that
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 Congress to declare war. It
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 re-organization 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.
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