To Chain the Dog of War: The War Power of Congress in History and Law"An important book . . . that I wish every member of Congress and would-be president would carefully study." -- George McGovern "A timely and valuable study that makes a useful contribution to preserving the Constitution and our hopes for survival." -- Journal of American History "To Chain the Dog of War does an excellent job of putting together some very complex material, and it comes out at a most propitious time." -- Arthur S. Miller, Professor of Law, George Washington University "A most thorough study. . . . it would be useful is this book could be prescribed to our decision-makers as required reading." -- Louis B. Sohn, University of Georgia, School of Law |
Contents
THE PRESIDENCY IN ITS HISTORICAL SETTING | 1 |
THE WAR CLAUSE | 17 |
ACTS OF WAR | 33 |
DECLARATIONS OF WAR AND WARS DE FACTO | 55 |
PRESIDENTIAL REFERENCES TO CONGRESS AND REFUSALS TO ACT | 77 |
THE GOVERNMENT OF THE ARMED FORCES | 89 |
THE COMMANDER IN CHIEF CLAUSE | 107 |
INDIAN WARS AND BORDER CROSSINGS | 125 |
RATIFICATION AND DELEGATION BY APPROPRIATION | 225 |
THE DOCTRINE OF POLITICAL QUESTIONS | 235 |
COVERT WAR | 253 |
THE WAR POWER IN THE NUCLEAR AGE | 271 |
THE PRESIDENCY AS AN IDEAL TYPE | 283 |
LAW AND THE CONTROL OF VIOLENCE | 297 |
VIEWS OF LEADING AUTHORITIES ON THE POWER TO INITIATE WAR | 305 |
STATUTES DIRECTING THE PRESIDENT | 309 |
LISTS OF WARS | 135 |
NAVAL LANDINGS | 153 |
THE PRESIDENT AS UNIVERSAL PROVIDENCE | 165 |
POWER IN FOREIGN RELATIONS | 181 |
THE DELEGATION OF THE WAR POWER | 201 |
Cases Statutes and Various Government Documents | 317 |
| 337 | |
| 347 | |
| 351 | |
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Common terms and phrases
act of Congress agreement American appropriation armed forces army Att'y Gen authorized the President Barreme blockade Chief Justice citizens claim clause commander in chief conduct Cong congressional authorization constitutional power Convention covert action Curtiss-Wright decision declaration defense delegation Department doctrine duty effect Ex parte Milligan executive power exercise foreign affairs foreign policy foreign relations framers hostilities Ibid illegal Indian Indochina War international law invasion involved Iran-Contra affair issue Jackson judicial Laird land law of war legislature letters of marque limited Marshall militia nation naval forces navy Nicaragua officers opinion peace political branches political question power of Congress power to initiate Powers Resolution Pres President's protection ratified recognized refused reprisal require rule secretary seize seizure Senate separation of powers Sess ships South Vietnam Stat statute Supreme Court territory Tonkin Gulf Resolution treaty troops United vessels Vietnam Vietnam War violation War Powers Resolution