Pub. Date:
University Press of Kansas
Presidential War Power / Edition 2

Presidential War Power / Edition 2

by Louis Fisher


View All Available Formats & Editions
Current price is , Original price is $16.95. You
Select a Purchase Option (Second Edition, Revised)
  • purchase options
    $13.21 $16.95 Save 22% Current price is $13.21, Original price is $16.95. You Save 22%.
  • purchase options
    $9.21 $16.95 Save 46% Current price is $9.21, Original price is $16.95. You Save 46%.
    Note: Access code and/or supplemental material are not guaranteed to be included with textbook rental or used textbook.


Presidential War Power / Edition 2

In this new edition of a classic and bestselling work, Louis Fisher, one of our top Constitutional scholars, updates his arguments throughout, critiques the presidential actions of William Clinton and George W. Bush, and challenges their expansion of executive power. Spanning the life of the Republic from the Revolutionary Era to the nation's post-9/11 wars, the new edition covers: New military initiatives including the Use of Force Act, the Iraq Resolution of 2002, George W. Bush's "preemption doctrine," and his order authorizing military tribunals President Clinton's overt and covert military actions in Bosnia and against Yugoslavia, Iraq, Afghanistan, and Osama bin Laden; George H. W. Bush's reasons for not pushing on to Baghdad to overthrow Saddham Hussein after Desert Storm.; Numerous Congressional initiatives, including a 1995 effort to amend the War Powers Resolution and a proposed 1998 amendment to use the power of the purse to limit presidential military initiatives; The 1998 CIA "whistle-blowing" statute; New sections on the Vandenberg Resolution of 1948, the "Little Sarah" incident of 1793, and early apparent precedents that did not make the President the "sole organ" of foreign affairs; New material on letters of marque and reprisal, the law of nations, presidential "fame," and the contributions of Joseph Story.

Product Details

ISBN-13: 2900700613334
Publisher: University Press of Kansas
Publication date: 05/11/2004
Edition description: Second Edition, Revised
Pages: 318
Product dimensions: 6.00(w) x 1.25(h) x 9.00(d)

About the Author

Louis Fisher, recently retired as Scholar in Residence at the Constitution Project, previously worked at the Library of Congress as Senior Specialist in Separation of Powers (Congressional Research Service) and as Specialist in Constitutional Law (Law Library). His many books include The Constitution and 9/11: Recurring Threats to America's Freedoms; Military Tribunals and Presidential Power, which won the American Political Science Association's Richard E. Neustadt Award; In the Name of National Security: Unchecked Presidential Power and the Reynolds Case; and Constitutional Conflicts between Congress and the President. In 2012, he received the APSA's Hubert H. Humphrey Award for notable public service by a political scientist.

Table of Contents

Note on Citationsxv
1The Constitutional Framework1
The British Models1
Opposing Monarchical Powers3
Associated War Powers6
Repelling Sudden Attacks8
Separating Purse and Sword10
Commander in Chief12
Scholarly Analysis14
2Precedents from 1789 to 190017
Indian Wars17
President as "Sole Organ"20
The Whiskey Rebellion22
Quasi-War with France23
Neutrality Act Prosecutions26
The "Little Sarah" Incident31
Barbary Wars32
The War of 181237
The Mexican War39
Bombarding Greytown44
The Civil War47
Spanish-American War51
3America Steps Out: 1990-194556
Protecting Life and Property57
President Wilson's Forays61
Intervention in Nicaragua64
World War I66
The Curtiss-Wright Case69
Legislative Constraints in the 1930s73
World War II75
4The UN Charter and Korea81
The League of Nations81
Creating the UN Charter84
The UN Participation Act91
Vandenberg Resolution96
The Korean War97
Political Repercussions100
5Taking Stock: 1951-1964105
Mutual Security Treaties105
NATO's Legislative History107
The "Great Debate" in 1951111
The Steel Seizure Case115
Eisenhower's Philosophy117
Area Resolutions118
Kennedy Reasserts Executive Power125
6Vietnam and the War Powers Resolution128
Gulf of Tonkin Resolution129
Escalation of the War133
Free World Forces135
National Commitments Resolution of 1969137
Disputes in the Courts139
The War Powers Resolution144
Strengths and Weaknesses148
Efforts to Amend the WPR151
7Military Initiatives from Ford to Bush I154
Evacuations from Southeast Asia154
The Mayaguez Capture156
Desert One Rescue Effort158
Invasion of Grenada161
Air Strikes against Libya163
Escort Operations in the Persian Gulf164
The Gulf War169
8Military Actions by Clinton175
Launching Missiles against Baghdad175
Combat Operations in Somalia177
Troops to Haiti180
Air Strikes in Bosnia183
Ground Troops to Bosnia186
Continued Strikes against Iraq192
Afghanistan and Sudan196
War against Yugoslavia198
9George W. Bush202
The Preemption Doctrine202
Military Tribunals205
Military Action in Afghanistan208
War against Iraq211
Making the Case for War211
Enlisting Legislative Support215
Unsubstantiated Executive Claims218
Voting on the Iraq Resolution224
After Military Victory230
Doctoring Intelligence Reports232
10Covert Operations236
Seeds of Secrecy236
Early Departures from Openness239
The Intelligence Community241
Statutory Controls on the CIA245
Covert Action in the Open248
The Iran-Contra Affair252
Congressional Reforms256
Actions against Terrorism258
11Restoring Checks and Balances261
Contemporary Justifications261
Jackson's Zone of Twilight265
Revisiting War Powers267
A Forbidden Legislative Veto?269
Compelling Court Action272
Statutory Restrictions274
Thinking National Interest277
AFramers' Debate on the War Power283
BConstitutional Allocation of Foreign Affairs and the War Power285
CUN Participation Act of 1945287
D1949 Amendments to UN Participation Act288
EWar Powers Resolution of 1973290
Suggested Readings295
Index of Cases311
Subject Index313

Customer Reviews

Most Helpful Customer Reviews

See All Customer Reviews

Presidential War Power 0 out of 5 based on 0 ratings. 0 reviews.