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.