Undeclared War: Twilight Zone of Constitutional Power by Edward Keynes
"In the twentieth century," the book says, "hardliners and party conferences have transformed the constitutional authority of the president to defend the nation against attack into an essentially unlimited power…
Undeclared War synopsis
"In the twentieth century," the book says, "hardliners and party conferences have transformed the constitutional authority of the president to defend the nation against attack into an essentially unlimited power to launch an undeclared war and military hostilities." New theories are needed to guide Congress, the president, and the courts in future struggles over the distribution of war forces. Since the Truman administration, White House spokesmen have repeated a constitutional theory that gives the president the power to send and carry out armed forces without congressional approval or consultation.
This tendency was not reflected in Congress' attempts to limit presidential warming after the Vietnam War. He was encouraged by the position of the federal courts in the Vietnam cases that "the prolonged and incompetent legislative legislative conflict should be an invitation to judicial intervention in conflicts over war conflicts." A key feature of the book is a comprehensive analysis of all legal challenges facing the president's conduct in the Vietnam War.
Vietnam issues are considered in the light of British constitutionalhistory, framing, the American Constitution, and judicial decisions of 1800 during the Korean War. This analysis provides the basis for the author's argument that the Supreme Court has led the nation to the "twilight zone of concurrent power" - encouraging "the legislature and the executive to integrate their separate powers of war and defense into a national war force." The only criterion is the criterion of additional success on the battlefield: "In the modern era of guerrilla warfare, national liberation movements and police action, the author recognizes the inadequacy of traditional distinction between defensive and offensive wars by the framers of the US Constitution.
That although the courts can play a limited role in restricting presidential power to conduct an undeclared war, only Congress can effectively limit the president's behavior by insisting on a prior consensus on military intervention.
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