The U.S. Constitution and the power to go war : historical and current perspectives

書誌事項

The U.S. Constitution and the power to go war : historical and current perspectives

edited by Gary M. Stern and Morton H. Halperin, prepared under the auspices of the Center for National Security Studies

(Contributions in military studies, no. 150)

Greenwood Press, 1994

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注記

"The chapters in this book were originally commissioned for the September 18-19, 1992 CNSS conference on Constitutional Government and Military Intervention after the Cold War, held at and cosponsored by the Georgetown University Law Center"--Acknowledgements

Includes bibliographical references (p. [181]-189) and index

内容説明・目次

内容説明

Noted experts examine America's power to go to war historically and recently, now that the Cold War has ended. They propose ways that the Congress and the president might develop a new working consensus for dealing with the use of military or paramilitary force in the future. This scholarly study of constitutional and statutory proscriptions, UN treaty and international obligations, and judicial restraints is essential reading for undergraduate and graduate students, law students, teachers, and professionals concerned with constitutional interpretation, the government's division of power, and war making.

目次

Acknowledgments Introduction by Gary M. Stern and Morton H. Halperin Historical Survey of the War Powers and the Use of Force by Louis Fisher Constitutional Constraints: The War Clause by Peter Raven-Hansen Statutory Constraints: The War Powers Resolution by Ellen C. Collier Treaty Constraints: The United Nations Charter and War Powers by Jane E. Stromseth International Law Constraints by Jules Lobel Judicial Constraints: The Courts and War Powers by Harold Hongju Koh Constraints on "Covert" Paramilitary Action by Gregory F. Treverton "Covert" Paramilitary Action and War Powers by Gary M. Stern and Morton H. Halperin Emergency War Powers by John Norton Moore Common Ground by Gary M. Stern and Morton H. Halperin Appendix Selected Bibliography Index

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