Declaring War

Congress, the President, and What the Constitution Does Not Say

By:

Brien Hallett

Format:

Hardback

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Description

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.

Author Biography:

Brien Hallett is an Associate Professor at the Matsunaga Institute for Peace at the University of Hawaii, Manoa, where he teaches courses in peace and conflict resolution, with a special interest in the thought of Gandhi, Martin Luther King and Vaclav Havel. His primary research interest is the declaration of war and the historical, legal, constitutional, moral and philosophical issues that surround it. Hallett is the author of The Lost Art of Declaring War (1998) and several encyclopedia articles.

Release date Australia

August 13th, 2012

Author

Brien Hallett

Audiences

Professional & Vocational
Tertiary Education (US: College)

Illustrations

10 Tables, unspecified; 10 Line drawings, unspecified

Pages

294

Dimensions

156x234x17

ISBN-13

9781107026926

Product ID

19800965

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