Presidential War Power - Softcover

Fisher, Louis

Softcover

ISBN 10: 0700606912 ISBN 13: 9780700606917

Publisher: Univ Pr of Kansas, 1995

Synopsis

Preeminent constitutional authority Louis Fisher chronicles the dramatic expansion--from George Washington to Bill Clinton--of presidential war power. Executive initiatives, he argues, come at the expense of congressional control and violate the Constitution. Indeed, the post-World War II political climate has promoted extra-constitutional actions by presidents eager to redefine the meanings of "emergency powers" and "defensive war." Flashpoints like Haiti, Bosnia, Panama, and the Persian Gulf, he contends, provide predictable manifestations of an increasingly overreaching presidency.

Constitutionally, Congress was empowered to declare and authorize war. Yet, thanks largely to a docile Congress and negligent judiciary, presidents have virtually confiscated the power to make war. That process has hardly been curbed by the War Powers Resolution (1973) and more recent signs of congressional backbone. As a result, Presidents Bush (in the Persian Gulf) and Clinton (in Haiti and Bosnia) have tried to sidestep congressional approval by asserting United Nations authority for military actions beyond our borders. Fisher is emphatic: Such actions violate the letter and the spirit of the Constitution.

More than a comprehensive history and critical commentary on the growth of presidential power, Fisher's book also addresses fundamental questions--what defines self-defense? what constitutes a commitment of forces? should the War Powers Resolution be reauthorized?--and reminds us again of how much is at stake every time we go to war.

About this title

About the Author

Louis Fisher is Senior Specialist in Separation of Powers at the Congressional Research Service, Library of Congress. His books include Constitutional Conflicts between Congress and the President, Presidential Spending Power, The Politics of Shared Power, Constitutional Dialogues, and American Constitutional Law. He has twice received the Louis Brownlow Book Award from the National Academy of Public Administration.

From the Back Cover

"This important book deserves the widest possible readership and should be compulsory reading for every Congressman and President. A tour de force."--Leonard W. Levy, editor-in-chief, Encyclopedia of the American Constitution

"A lucid and thoughtful work by the nation's top authority on the separation of powers doctrine. Fisher gives a balanced account of differences on this contentious topic but pulls no punches in presenting his own views. This book will be cited for years to come. It's a classic."--Michael J. Glennon, author of Constitutional Diplomacy and former legal counsel to the U.S. Senate Foreign Relations Committee

"No one knows more about this complex issue than Louis Fisher. Those who care about the preservation of constitutional government in the United States will want to study this careful, sensible, and deeply disturbing book."--Donald L. Robinson, author of "To the Best of My Ability": The Presidency and the Constitution

"This volume is simply indispensable to anyone who cares about how this nation resorts to the use of force abroad. With great insight, Fisher explores the dangerous drift toward excessive presidential discretion over war-making."--Loch K. Johnson, author of America as a World Power: Foreign Policy in a Constitutional Framework

"This impressive volume displays the great sweep of Fisher's knowledge and historical understanding in the ever-churning war powers field. It's both a necessary addition to the constitutional bookshelf and a fascinating read in its own right."--Harold Hongju Koh, author of The National Security Constitution: Sharing Power after the Iran-Contra Affair

Reviews

Fisher, the senior specialist in separation of powers at the Congressional Research Service, Library of Congress, presents historic and constitutional arguments against the increasing usurpation by the president of war-making powers. Harry Truman set the modern precedent for circumventing congressional war powers by using United Nations authority to sidestep the Constitution during the Korean War. Dwight Eisenhower continued Truman's approach in covert government activities. With shocking ease, according to the author, subsequent presidents have continued this virtual presidential confiscation of the war powers. Fisher argues that they have done so by actions that violate both the letter and spirit of the Constitution. In an era of presidential temptation to increase popularity through foreign ventures, this study addresses one of the most important constitutional issues facing American government. Its relevance, clarity, and brevity commend the book to the widest readership.?William D. Pederson, Louisiana State Univ., Shreveport
Copyright 1995 Reed Business Information, Inc.

Edition details

• Publisher: Univ Pr of Kansas
• Publication date: 1995
• Language: English
• ISBN 10: 0700606912
• ISBN 13: 9780700606917
• Binding: Paperback
• Number of pages: 283