Presidential War Power by Fisher, Louis -- Read -- Imperial Library of Trantor

Index

Front Cover Half Title Title Page Copyright Page Dedication Contents Preface Note on Citations 1 The Constitutional Framework

The British Models Opposing Monarchical Powers Associated War Powers Repelling Sudden Attacks Separating Purse and Sword Commander in Chief Scholarly Analysis

2 Precedents from 1789 to 1900

Indian Wars President as “Sole Organ” The Whiskey Rebellion Quasi-War with France Neutrality Act Prosecutions The “Little Sarah” Incident Barbary Wars The War of 1812 The Mexican War Bombarding Greytown The Civil War Spanish-American War

3 America Steps Out: 1900–1945

Protecting Life and Property President Wilson’s Forays Intervention in Nicaragua World War I The Curtiss-Wright Case Legislative Constraints in the 1930s World War II

4 The UN Charter and Korea

The League of Nations Creating the UN Charter The UN Participation Act Vandenberg Resolution The Korean War Political Repercussions

5 Taking Stock: 1951–1964

Mutual Security Treaties NATO’s Legislative History The “Great Debate” in 1951 The Steel Seizure Case Eisenhower’s Philosophy Area Resolutions Kennedy Reasserts Executive Power

6 Vietnam and the War Powers Resolution

Gulf of Tonkin Resolution Was There a Second Attack? Escalation of the War Free World Forces National Commitments Resolution of 1969 Disputes in the Courts The War Powers Resolution Analyzing the WPR Efforts to Amend the WPR

7 Military Initiatives from Ford to Bush I

Evacuations from Southeast Asia The Mayaguez Capture Desert One Rescue Effort Lebanon Invasion of Grenada Air Strikes against Libya Escort Operations in the Persian Gulf Panama The Gulf War

8 Military Actions by Clinton

Launching Missiles against Baghdad Combat Operations in Somalia Troops to Haiti Air Strikes in Bosnia Ground Troops to Bosnia Continued Strikes against Iraq Afghanistan and Sudan War against Yugoslavia

9 George W. Bush

The Preemption Doctrine Military Tribunals Military Action in Afghanistan War against Iraq Making the Case for War Enlisting Legislative Support Unsubstantiated Executive Claims Voting on the Iraq Resolution Military Operations in Iraq Doctoring Intelligence Reports

10 Barack Obama

Closing Guantánamo Withdrawing U.S. Troops from Iraq Options in Afghanistan Military Intervention in Libya Invoking the State Secrets Privilege Electronic Surveillance Military Detention without Trial Targeted Killings

11 Covert Operations

Seeds of Secrecy Early Departures from Openness The Intelligence Community Statutory Controls on the CIA Covert Action in the Open The Iran-Contra Affair Congressional Reforms Actions against Terrorism

12 Restoring Checks and Balances

Contemporary Justifications Jackson’s Zone of Twilight Revisiting War Powers Consultation A Forbidden Legislative Veto? Compelling Court Action Statutory Restrictions Thinking National Interest

Appendices

A: Framers’ Debate on the War Power B: Constitutional Allocation of Foreign Affairs and the War Power C: UN Participation Act of 1945 D: 1949 Amendments to UN Participation Act E: War Powers Resolution of 1973

Suggested Readings Index of Cases Subject Index Back Cover