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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.
War and emergency powers --- War, Declaration of --- Declaration of war --- Hostilities --- War (International law) --- Presidents --- Law --- General and Others
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Calls to Arms: Presidential Speeches, Messages, and Declarations of War is a collection of presidential messages and speeches that called America to war from John Adams and the Quasi-War with France to George W. Bush and the fight against international terrorism in Afghanistan. The documents included here demonstrate the growth of presidential power and show how Congress responded to each call to arms. The selections also reflect the adherence to constitutional requirements and in the case of undeclared war messages, the evolution of 'extra-constitutional' behavior. In addition, the book provi
Presidents --- War, Declaration of --- Declaration of war --- Hostilities --- War (International law) --- War and emergency powers --- State of the Union messages --- History
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War and emergency powers --- -War, Declaration of --- -Declaration of war --- Hostilities --- War (International law) --- Emergency powers --- War powers --- Constitutional law --- Delegation of powers --- Executive power --- Implied powers (Constitutional law) --- Legislative power --- War and emergency legislation --- War, Declaration of --- History --- -History --- War [Declaration of ] --- United States --- Declaration of war
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Just war doctrine. --- War (Philosophy) --- Political science --- Just war doctrine --- War, Declaration of --- Jus ad bellum --- War --- Philosophy --- Declaration of war --- Hostilities --- War (International law) --- War and emergency powers --- Administration --- Civil government --- Commonwealth, The --- Government --- Political theory --- Political thought --- Politics --- Science, Political --- Social sciences --- State, The --- History --- Moral and ethical aspects --- Religious aspects --- Political science - Europe.
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Since the September 11 attacks on the United States, the Bush administration has come under fire for its methods of combating terrorism. Waging war against al Qaeda has proven to be a legal quagmire, with critics claiming that the administration's response in Afghanistan and Iraq is unconstitutional. The war on terror-and, in a larger sense, the administration's decision to withdraw from the ABM Treaty and the Kyoto accords-has many wondering whether the constitutional framework for making foreign affairs decisions has been discarded by the present administration. John Yoo, formerly a lawyer in the Department of Justice, here makes the case for a completely new approach to understanding what the Constitution says about foreign affairs, particularly the powers of war and peace. Looking to American history, Yoo points out that from Truman and Korea to Clinton's intervention in Kosovo, American presidents have had to act decisively on the world stage without a declaration of war. They are able to do so, Yoo argues, because the Constitution grants the president, Congress, and the courts very different powers, requiring them to negotiate the country's foreign policy. Yoo roots his controversial analysis in a brilliant reconstruction of the original understanding of the foreign affairs power and supplements it with arguments based on constitutional text, structure, and history. Accessibly blending historical arguments with current policy debates, The Powers of War and Peace will no doubt be hotly debated. And while the questions it addresses are as old and fundamental as the Constitution itself, America's response to the September 11 attacks has renewed them with even greater force and urgency. "Can the president of the United States do whatever he likes in wartime without oversight from Congress or the courts? This year, the issue came to a head as the Bush administration struggled to maintain its aggressive approach to the detention and interrogation of suspected enemy combatants in the war on terrorism. But this was also the year that the administration's claims about presidential supremacy received their most sustained intellectual defense [in] The Powers of War and Peace."-Jeffrey Rosen, New York Times "Yoo's theory promotes frank discussion of the national interest and makes it harder for politicians to parade policy conflicts as constitutional crises. Most important, Yoo's approach offers a way to renew our political system's democratic vigor."-David B. Rivkin Jr. and Carlos Ramos-Mrosovsky, National Review
War and emergency powers --- Presidents --- United States --- Foreign relations --- Law and legislation. --- constitution, terrorism, foreign affairs, military, 9/11, bush, al qaeda, iraq, afghanistan, kyoto accords, abm treaty, history, politics, political science, nonfiction, presidency, executive power, declaration of war, congress, kosovo, intervention, clinton, korea, truman, wartime, enemy combatants, interrogation, detention, emergency powers.
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Must we fight terrorism with terror, match assassination with assassination, and torture with torture? Must we sacrifice civil liberty to protect public safety? In the age of terrorism, the temptations of ruthlessness can be overwhelming. But we are pulled in the other direction too by the anxiety that a violent response to violence makes us morally indistinguishable from our enemies. There is perhaps no greater political challenge today than trying to win the war against terror without losing our democratic souls. Michael Ignatieff confronts this challenge head-on, with the combination of hard-headed idealism, historical sensitivity, and political judgment that has made him one of the most influential voices in international affairs today. Ignatieff argues that we must not shrink from the use of violence--that far from undermining liberal democracy, force can be necessary for its survival. But its use must be measured, not a program of torture and revenge. And we must not fool ourselves that whatever we do in the name of freedom and democracy is good. We may need to kill to fight the greater evil of terrorism, but we must never pretend that doing so is anything better than a lesser evil. In making this case, Ignatieff traces the modern history of terrorism and counter-terrorism, from the nihilists of Czarist Russia and the militias of Weimar Germany to the IRA and the unprecedented menace of Al Qaeda, with its suicidal agents bent on mass destruction. He shows how the most potent response to terror has been force, decisive and direct, but--just as important--restrained. The public scrutiny and political ethics that motivate restraint also give democracy its strongest weapon: the moral power to endure when the furies of vengeance and hatred are spent. The book is based on the Gifford Lectures delivered at the University of Edinburgh in 2003.
Political ethics --- Terrorism --- Democracy --- Morale politique --- Terrorisme --- Démocratie --- Démocratie --- International relations --- Acts of terrorism --- Attacks, Terrorist --- Global terrorism --- International terrorism --- Political terrorism --- Terror attacks --- Terrorist acts --- Terrorist attacks --- World terrorism --- Direct action --- Insurgency --- Political crimes and offenses --- Subversive activities --- Political violence --- Terror --- Ethics, Political --- Ethics in government --- Government ethics --- Political science --- Politics, Practical --- Ethics --- Civics --- Moral and ethical aspects --- Political ethics. --- Terrorism. --- Moral and ethical aspects. --- Accountability. --- Al-Qaeda. --- Appeasement. --- Assassination. --- Authoritarianism. --- Civil disobedience. --- Civil liberties. --- Civilian. --- Clandestine cell system. --- Coercion. --- Colonialism. --- Complicity. --- Consent of the governed. --- Consideration. --- Counter-terrorism. --- Crime. --- Criticism. --- Cruel and unusual punishment. --- Declaration of war. --- Deliberation. --- Democracy. --- Derogation. --- Dictatorship. --- Dirty War. --- Due process. --- Enemy combatant. --- Equal Protection Clause. --- Extrajudicial killing. --- Extremism. --- Failed state. --- Fellow traveller. --- Forced disappearance. --- Freedom of speech. --- Habeas corpus. --- Impunity. --- Individualism. --- Institution. --- Intelligence agency. --- International Atomic Energy Agency. --- International human rights law. --- International law. --- Internment. --- Interrogation. --- Intimidation. --- Judiciary. --- Law of war. --- Legislation. --- Legislature. --- Legitimacy (political). --- Liberal democracy. --- Liberalism. --- Michael Walzer. --- Military dictatorship. --- National security. --- Necessity. --- Nonviolence. --- Nonviolent resistance. --- Nuclear weapon. --- Obedience (human behavior). --- Osama bin Laden. --- Patriot Act. --- Perfidy. --- Political strategy. --- Political violence. --- Politician. --- Politics. --- Politique. --- Precedent. --- Precommitment. --- Preemptive war. --- Prerogative. --- Pretext. --- Princeton University Press. --- Proscription. --- Public policy. --- Public security. --- Racism. --- Reprisal. --- Rogue state. --- Royal prerogative. --- Rule of law. --- Saddam Hussein. --- Search and seizure. --- Security forces. --- Self-determination. --- Separation of powers. --- State of emergency. --- Suicide attack. --- Superiority (short story). --- Targeted killing. --- The Public Interest. --- Torture. --- Totalitarianism. --- Tyranny of the majority. --- Uncertainty. --- United Nations Convention against Torture. --- War. --- Weapon of mass destruction. --- Westphalian sovereignty.
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This remarkably rich collection of articles focuses on moral questions about war. The essays, originally published in Philosophy & Public Affairs, cover a wide range of topics from several points of view by writers from the fields of political science, philosophy, and law. The discussion of war and moral responsibility falls into three general categories: problems of political and military choice, problems about the relation of an individual to the actions of his government, and more abstract ethical questions as well. The first category includes questions about the ethical and legal aspects of war crimes and the laws of war; about the source of moral restrictions on military methods or goals; and about differences in suitability of conduct which may depend on differences in the nature of the opponent. The second category includes questions about the conditions for responsibility of individual soldiers and civilian officials for war crimes, and about the proper attitude of a government toward potential conscripts who reject its military policies. The third category includes disputes between absolutist, deontological, and utilitarian ethical theories, and deals with questions about the existence of insoluble moral dilemmas.
War --- War (International law) --- Moral and ethical aspects. --- Act of state doctrine. --- Adolf Eichmann. --- Adolf Hitler. --- Aggression. --- Ambiguity (law). --- Analogy. --- Anguish. --- Anti-personnel weapon. --- Anti-social behaviour order. --- Appeasement. --- Attempt. --- Belligerent. --- Collective punishment. --- Collective responsibility. --- Combat. --- Combatant. --- Command responsibility. --- Conscientious objector. --- Conscription. --- Consideration. --- Crime against peace. --- Crime. --- Crimes of War. --- Criminal code. --- Criticism. --- Cruelty. --- Decision Analyst (company). --- Decision-making. --- Declaration of war. --- Demagogue. --- Deontological ethics. --- Determination. --- Deterrence theory. --- Dirty hands. --- Distributive justice. --- Essence of Decision. --- Ethical dilemma. --- Ethics. --- Foreign Policy. --- Foreign policy. --- Hostility. --- Intention (criminal law). --- International law. --- Just war theory. --- Law of the United States. --- Law of war. --- Legal burden of proof. --- Massacre. --- Military dictatorship. --- Military justice. --- Military necessity. --- Military operation. --- Military policy. --- Moral absolutism. --- Moral agency. --- Moral imperative. --- Moral obligation. --- Moral reasoning. --- Moral responsibility. --- Morale. --- Morality. --- Nazi crime. --- Nazism. --- Nuremberg and Vietnam. --- Obligation. --- Pacifism. --- Philosophy and Phenomenological Research. --- Philosophy. --- Politics as a Vocation. --- Precedent. --- Presumption. --- Prisoner of war. --- Probability. --- Probable cause. --- Public international law. --- Punishment. --- Relativism. --- Religion. --- Reprisal. --- Requirement. --- Respondeat superior. --- Ruler. --- Selective Service System. --- Special case. --- Subject (philosophy). --- Summary execution. --- Superior orders. --- The Just Assassins. --- Thought. --- Tort. --- Tribunal. --- Utilitarianism. --- Vicarious liability. --- War crime. --- War effort. --- War of aggression. --- War. --- Warfare. --- World War II. --- Wrongdoing.
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This book is comprised of essays previously published in Philosophy & Public Affairs and also an extended excerpt from Michael Walzer's Just and Unjust Wars.
International relations --- War --- Moral and ethical aspects. --- Ad hominem. --- Aggression. --- Attempt. --- Authoritarianism. --- Blackmail. --- Calculation. --- Casus belli. --- Civil disobedience. --- Civilian. --- Combatant. --- Consent of the governed. --- Consideration. --- Conventional weapon. --- Conventionalism. --- Counterforce. --- Crime against peace. --- Crime. --- Criticism. --- Declaration of war. --- Defensive war. --- Demobilization. --- Deterrence (legal). --- Disarmament. --- Divine law. --- Dr. Strangelove. --- Duress. --- Ethical dilemma. --- Externality. --- God. --- Great power. --- Heresy. --- Heteronomy. --- Hostility. --- Humanitarian intervention. --- Impasse. --- Impunity. --- Insurgency. --- International law. --- International relations. --- Jus ad bellum. --- Just war theory. --- Law of war. --- Moral blindness. --- Moral skepticism. --- Morality. --- Mutual assured destruction. --- Necessity. --- Non-interventionism. --- Nuclear blackmail. --- Nuclear disarmament. --- Nuclear warfare. --- Nuclear weapon. --- Pacifism. --- Peace treaty. --- Philosopher. --- Philosophy. --- Political alienation. --- Politics Among Nations. --- Power politics. --- Pre-emptive nuclear strike. --- Preemptive war. --- Preventive war. --- Probability. --- Realism (international relations). --- Reprisal. --- Requirement. --- Result. --- Right of self-defense. --- Rights. --- Robert Nozick. --- Secession. --- Second strike. --- Security dilemma. --- Self-defense. --- Self-determination. --- Skepticism. --- Slavery. --- Sovereignty. --- Soviet Union. --- State of nature. --- Subversion. --- Superiority (short story). --- Territorial integrity. --- The Realist. --- Theodicy. --- Theory. --- Thomas Hobbes. --- Torture. --- Trade barrier. --- Trade war. --- Treaty. --- Unilateral disarmament. --- Unilateralism. --- Unstated assumption. --- Utilitarianism. --- War of aggression. --- War. --- Warfare. --- Westphalian sovereignty. --- Wickedness.
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Drawing on recently declassified documents and extensive interviews with Soviet and American policy-makers, among them several important figures speaking for public record for the first time, Ned Lebow and Janice Stein cast new light on the effect of nuclear threats in two of the tensest moments of the Cold War: the Cuban Missile Crisis of 1962 and the confrontations arising out of the Arab-Israeli war of 1973. They conclude that the strategy of deterrence prolonged rather than ended the conflict between the superpowers.
Nuclear warfare. --- Nuclear weapons. --- Arab-Israeli conflict --- Arab-Israeli conflict. --- Cuban Missile Crisis, 1962. --- Cold War. --- Atomic warfare --- CBR warfare --- Nuclear strategy --- Nuclear war --- Thermonuclear warfare --- War --- Nuclear crisis control --- Nuclear weapons --- Atomic weapons --- Fusion weapons --- Thermonuclear weapons --- Weapons of mass destruction --- No first use (Nuclear strategy) --- Nuclear arms control --- Nuclear disarmament --- Nuclear warfare --- Jewish-Arab relations --- Israel-Arab conflicts --- Israel-Palestine conflict --- Israeli-Arab conflict --- Israeli-Palestinian conflict --- Palestine-Israel conflict --- Palestine problem (1948- ) --- Palestinian-Israeli conflict --- Palestinian Arabs --- Cuban Missile Crisis, Oct. 1962 --- World politics --- History --- Soviet Union --- United States --- Foreign relations --- 1960 U-2 incident. --- Abstention. --- Allen Dulles. --- Allied-occupied Germany. --- Andrei Gromyko. --- Anti-imperialism. --- Anti-war movement. --- Assassination. --- Berlin Blockade. --- Berlin Crisis of 1961. --- Berlin Wall. --- Blockade. --- Ceasefire. --- Censorship. --- Cold War II. --- Communist revolution. --- Containment. --- Coup d'état. --- Cuban Missile Crisis. --- Dean Rusk. --- Decapitation. --- Declaration of war. --- Deterrence theory. --- Dictatorship. --- Disarmament. --- Disinformation. --- Dissolution of the Soviet Union. --- Doomsday device. --- Dr. Strangelove. --- Embargo. --- Era of Stagnation. --- Evil empire. --- Failed state. --- Fallout shelter. --- George Ball (diplomat). --- Glasnost. --- Henry Kissinger. --- Hungarian Revolution of 1956. --- Impeachment. --- Impunity. --- International crisis. --- Jimmy Carter. --- John F. Kennedy. --- John Foster Dulles. --- John Mueller. --- Joseph Stalin. --- Leonid Brezhnev. --- McCarthyism. --- McGeorge Bundy. --- Minimal deterrence. --- Minister without portfolio. --- Molotov–Ribbentrop Pact. --- Moscow Conference (1941). --- Mutual assured destruction. --- NATO. --- Nikita Khrushchev. --- Nuclear blackmail. --- Nuclear disarmament. --- Nuclear holocaust. --- Old Bolshevik. --- Operation Barbarossa. --- Perestroika. --- Persecution. --- Pessimism. --- Political prisoner. --- Pre-emptive nuclear strike. --- Preventive war. --- Proxy war. --- Purge. --- Quarantine Speech. --- Ridicule. --- Roswell Gilpatric. --- Roy Medvedev. --- Saturday Night Massacre. --- Sergei Khrushchev. --- Soviet Empire. --- Soviet Navy. --- Soviet Union. --- Soviet Union–United States relations. --- Soviet people. --- Soviet withdrawal from Afghanistan. --- Soviet–Afghan War. --- Stalinism. --- Strategic Arms Limitation Talks. --- Superiority (short story). --- Surgical strike. --- The CIA and the Cult of Intelligence. --- There is no alternative. --- Treaty on the Final Settlement with Respect to Germany. --- War at Sea. --- War of Attrition. --- War of ideas. --- War termination. --- War-weariness. --- War. --- Warfare. --- Why England Slept. --- Yom Kippur War.
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