Presidential Accountability in Wartime
Presidential Accountability in Wartime

Author: Stuart Streichler

Publisher: University of Michigan Press

Published: 2023-11-16

Total Pages: 295

ISBN-13: 047290390X

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The American presidency has long tested the capacity of the system of checks and balances to constrain executive power, especially in times of war. While scholars have examined presidents starting military conflicts without congressional authorization or infringing on civil liberties in the name of national security, Stuart Streichler focuses on the conduct of hostilities. Using the treatment of war-on-terror detainees under President George W. Bush as a case study, he integrates international humanitarian law into a constitutional analysis of the repercussions of presidential war powers for human rights around the world. Putting President Bush’s actions in a wider context, Presidential Accountability in Wartime begins with a historical survey of the laws of war, with particular emphasis on the 1949 Geneva Conventions and the Nuremberg Tribunal. Streichler then reconstructs the decision-making process that led to the president’s approval of interrogation methods that violated Geneva’s mandate to treat wartime captives humanely. While taking note of various accountability options—from within the executive branch to the International Criminal Court—the book illustrates the challenge in holding presidents personally responsible for violating the laws of war through an in-depth analysis of the actions taken by Congress, the Supreme Court, and the public in response. In doing so, this book not only raises questions about whether international humanitarian law can moderate wartime presidential behavior but also about the character of the presidency and the American constitutional system of government.

The Politics of War Powers
The Politics of War Powers

Author: Sarah Burns

Publisher: University Press of Kansas

Published: 2019-11-15

Total Pages: 328

ISBN-13: 0700628738

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The Constitution of the United States divides war powers between the executive and legislative branches to guard against ill-advised or unnecessary military action. This division of powers compels both branches to hold each other accountable and work in tandem. And yet, since the Cold War, congressional ambition has waned on this front. Even when Congress does provide initial authorization for larger operations, they do not provide strict parameters or clear end dates. As a result, one president after another has initiated and carried out poorly developed and poorly executed military policy. The Politics of War Powers offers a measured, deeply informed look at how the American constitutional system broke down, how it impacts decision-making today, and how we might find our way out of this unhealthy power division. Sarah Burns starts with a nuanced account of the theoretical and historical development of war powers in the United States. Where discussions of presidential power often lean on the concept of the Lockean Prerogative, Burns locates a more constructive source in Montesquieu. Unlike Locke, Montesquieu combines universal normative prescriptions with an emphasis on tailoring the structure to the unique needs of a society. In doing so, the separation of powers can be customized while maintaining the moderation needed to create a healthy institutional balance. He demonstrates the importance of forcing the branches into dialogue, putting them, as he says, “in a position to resist” each other. Burns’s conclusion—after tracing changes through Franklin Delano Roosevelt’s administration, the Cold War, and the War on Terror—is that presidents now command a dangerous degree of unilateral power. Burns’s work ranges across Montesquieu’s theory, the debate over the creation of the Constitution, historical precedent, and the current crisis. Through her analysis, both a fuller picture of the alterations to the constitutional system and ideas on how to address the resulting imbalance of power emerge.

War Powers
War Powers

Author: Peter Irons

Publisher: Macmillan

Published: 2006-05-02

Total Pages: 328

ISBN-13: 9780805080179

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This book examines a fundamental question in the development of the American empire: What constraints does the Constitution place on our territorial expansion, military intervention, occupation of foreign countries, and on the power the president may exercise over American foreign policy? Worried about the dangers of unchecked executive power, the Founding Fathers deliberately assigned Congress the sole authority to make war. But the last time Congress declared war was on December 8, 1941, after the Japanese attack on Pearl Harbor. Since then, every president from Harry Truman to George W. Bush has used military force in pursuit of imperial objectives, while Congress and the Supreme Court have virtually abdicated their responsibilities to check presidential power. Legal historian Irons recounts this story of subversion from above, tracing presidents' increasing willingness to ignore congressional authority and even suspend civil liberties.--From publisher description.

War and the Rogue Presidency
War and the Rogue Presidency

Author: Ivan Eland

Publisher: Independent Institute

Published: 2018-12-01

Total Pages: 413

ISBN-13: 159813325X

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The Office of the President of the U.S. isn't what it used to be—it has morphed into an overgrown beast. So says presidential scholar Ivan Eland in his landmark new book War and the Rogue Presidency: Restoring the Republic after Congressional Failure. The presidency no longer simply enforces the laws passed by Congress but literally dominates American political life. Its vast bureaucracy is flush with cash and wields powers never authorized by the Framers. But who do we have to thank for this distortion of the Constitution? Congress. The presidency, says Eland, isn't inherently imperial. It's contingently imperial. Particularly when wars loom and Congress refuses to forestall our engagement in them—with inevitable consequences. But wars also lead to massive domestic government interference. In sum, liberals, conservatives, independents—anybody concerned for personal liberties and good governance—should read this pathbreaking book and grapple with its implications.

War
War

Author: Andrew Clapham

Publisher: Oxford University Press

Published: 2021

Total Pages: 625

ISBN-13: 0198810466

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This book provides an accessible and engaging account of the contemporary laws of war. It highlights how, even though war has been outlawed and should be finished as an institution, states continue to claim that they can wage necessary wars of self-defence, engage in lawful killings in war, and imprison law-of-war detainees.

After the Rubicon
After the Rubicon

Author: Douglas L. Kriner

Publisher: University of Chicago Press

Published: 2010-12

Total Pages: 335

ISBN-13: 0226453561

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When the United States goes to war, the nation’s attention focuses on the president. As commander in chief, a president reaches the zenith of power, while Congress is supposedly shunted to the sidelines once troops have been deployed abroad. Because of Congress’s repeated failure to exercise its legislative powers to rein in presidents, many have proclaimed its irrelevance in military matters. After the Rubicon challenges this conventional wisdom by illuminating the diverse ways in which legislators influence the conduct of military affairs. Douglas L. Kriner reveals that even in politically sensitive wartime environments, individual members of Congress frequently propose legislation, hold investigative hearings, and engage in national policy debates in the public sphere. These actions influence the president’s strategic decisions as he weighs the political costs of pursuing his preferred military course. Marshalling a wealth of quantitative and historical evidence, Kriner expertly demonstrates the full extent to which Congress materially shapes the initiation, scope, and duration of major military actions and sheds new light on the timely issue of interbranch relations.

Power and Constraint: The Accountable Presidency After 9/11
Power and Constraint: The Accountable Presidency After 9/11

Author: Jack Goldsmith

Publisher: W. W. Norton & Company

Published: 2012-03-12

Total Pages: 337

ISBN-13: 0393083519

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The surprising truth behind Barack Obama's decision to continue many of his predecessor's counterterrorism policies. Conventional wisdom holds that 9/11 sounded the death knell for presidential accountability. In fact, the opposite is true. The novel powers that our post-9/11 commanders in chief assumed—endless detentions, military commissions, state secrets, broad surveillance, and more—are the culmination of a two-century expansion of presidential authority. But these new powers have been met with thousands of barely visible legal and political constraints—enforced by congressional committees, government lawyers, courts, and the media—that have transformed our unprecedentedly powerful presidency into one that is also unprecedentedly accountable. These constraints are the key to understanding why Obama continued the Bush counterterrorism program, and in this light, the events of the last decade should be seen as a victory, not a failure, of American constitutional government. We have actually preserved the framers’ original idea of a balanced constitution, despite the vast increase in presidential power made necessary by this age of permanent emergency.

How Ike Led
How Ike Led

Author: Susan Eisenhower

Publisher: Macmillan + ORM

Published: 2020-08-11

Total Pages: 309

ISBN-13: 1250238781

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How Dwight D. Eisenhower led America through a transformational time—by a DC policy strategist, security expert and his granddaughter. Few people have made decisions as momentous as Eisenhower, nor has one person had to make such a varied range of them. From D-Day to Little Rock, from the Korean War to Cold War crises, from the Red Scare to the Missile Gap controversies, Ike was able to give our country eight years of peace and prosperity by relying on a core set of principles. These were informed by his heritage and upbringing, as well as his strong character and his personal discipline, but he also avoided making himself the center of things. He was a man of judgment, and steadying force. He sought national unity, by pursuing a course he called the "Middle Way" that tried to make winners on both sides of any issue. Ike was a strategic, not an operational leader, who relied on a rigorous pursuit of the facts for decision-making. His talent for envisioning a whole, especially in the context of the long game, and his ability to see causes and various consequences, explains his success as Allied Commander and as President. After making a decision, he made himself accountable for it, recognizing that personal responsibility is the bedrock of sound principles. Susan Eisenhower's How Ike Led shows us not just what a great American did, but why—and what we can learn from him today.

Japan’s Decision For War In 1941: Some Enduring Lessons
Japan’s Decision For War In 1941: Some Enduring Lessons

Author: Dr. Jeffrey Record

Publisher: Pickle Partners Publishing

Published: 2015-11-06

Total Pages: 105

ISBN-13: 1786252961

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Japan’s decision to attack the United States in 1941 is widely regarded as irrational to the point of suicidal. How could Japan hope to survive a war with, much less defeat, an enemy possessing an invulnerable homeland and an industrial base 10 times that of Japan? The Pacific War was one that Japan was always going to lose, so how does one explain Tokyo’s decision? Did the Japanese recognize the odds against them? Did they have a concept of victory, or at least of avoiding defeat? Or did the Japanese prefer a lost war to an unacceptable peace? Dr. Jeffrey Record takes a fresh look at Japan’s decision for war, and concludes that it was dictated by Japanese pride and the threatened economic destruction of Japan by the United States. He believes that Japanese aggression in East Asia was the root cause of the Pacific War, but argues that the road to war in 1941 was built on American as well as Japanese miscalculations and that both sides suffered from cultural ignorance and racial arrogance. Record finds that the Americans underestimated the role of fear and honor in Japanese calculations and overestimated the effectiveness of economic sanctions as a deterrent to war, whereas the Japanese underestimated the cohesion and resolve of an aroused American society and overestimated their own martial prowess as a means of defeating U.S. material superiority. He believes that the failure of deterrence was mutual, and that the descent of the United States and Japan into war contains lessons of great and continuing relevance to American foreign policy and defense decision-makers.