The War Power After 200 Years: Congress and the President at a Constitutional Impasse : Hearings Before the Special Subcommittee on War Powers of the Committee on Foreign Relations, United States Senate, One Hundredth Congress, Second Session, July 13, 14, August 5, September 7, 15, 16, 20, 23 and 29, 1988 |
From inside the book
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Page 38
... Framers that the powers of the three great branches of the National Government be largely separated from one another . The war power did not derive from emanations or penumbras , but from the minds of very practical men inside a hot ...
... Framers that the powers of the three great branches of the National Government be largely separated from one another . The war power did not derive from emanations or penumbras , but from the minds of very practical men inside a hot ...
Page 40
... Framers with regard to the warmaking power when he wrote 60 years later that " they re- solved to so frame the Constitution that no one man should hold the power of bringing this oppression upon us . " The Framers , in short , envisaged ...
... Framers with regard to the warmaking power when he wrote 60 years later that " they re- solved to so frame the Constitution that no one man should hold the power of bringing this oppression upon us . " The Framers , in short , envisaged ...
Page 41
... Framers was to assure Congress the major role in the formulation of foreign policy and above all to deny Presidents the power to make war on their own . Yet the present administration somehow manages to champion a theory of inher- ent ...
... Framers was to assure Congress the major role in the formulation of foreign policy and above all to deny Presidents the power to make war on their own . Yet the present administration somehow manages to champion a theory of inher- ent ...
Page 98
... Framers themselves , that the Framers intended to vest the war power in the Congress . Article 1 , section 8 , enumerates in some detail , the war powers that are vested in the Congress ; for example , “ declare war , " " pro- vide for ...
... Framers themselves , that the Framers intended to vest the war power in the Congress . Article 1 , section 8 , enumerates in some detail , the war powers that are vested in the Congress ; for example , “ declare war , " " pro- vide for ...
Page 99
... Framers of the Constitution , in giving the Commander in Chiefship to the President , did not intend it as a grant of authority in diminution of the war powers they had granted so specifically and intentionally , and in so plenary ...
... Framers of the Constitution , in giving the Commander in Chiefship to the President , did not intend it as a grant of authority in diminution of the war powers they had granted so specifically and intentionally , and in so plenary ...
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Common terms and phrases
action amendment American approval attack bill Chadha Chairman circumstances clause Commander in Chief commitment Committee concurrent resolution Cong constitutional powers constitutionally consultation debate decision defense executive branch exercise Fascell Forces into hostilities foreign affairs foreign policy Foreign Relations Founding Fathers Framers going Grenada gress Gulf of Tonkin hearings House involvement in hostilities issue joint resolution Justice Korea Korean war L.Ed Lebanon legislative limited Marines ment national security peace Persian Gulf political Powers Act Powers Resolution President FORD Presidential protect question S.Ct Schlesinger Senator ADAMS Senator BIDEN Senator HELMS Senator PRESSLER Senator SARBANES separation of powers situation SOFAER South Vietnam Soviet specific statement statute subcommittee supra note Supreme Court Thank tion treaty troops U.S. Armed Forces U.S. forces unconstitutional United States Armed veto Vietnam Vietnam war vote War Powers Act war powers clause War Powers Resolution warmaking
Popular passages
Page 416 - Our Constitution declares a treaty to be the law of the land. It is consequently to be regarded in courts of justice as equivalent to an act of the legislature whenever it operates of itself without the aid of any legislative provision.
Page 509 - Some men look at constitutions with sanctimonious reverence, and deem them, like the ark of the covenant, too sacred to be touched. They ascribe to the men of the preceding age a wisdom more than human, and suppose what they did to be beyond amendment.
Page 466 - The Parties agree that an armed attack against one or more of them in Europe or North America shall be considered an attack against them all ; and consequently they agree that, if such an armed attack occurs, each of them, in exercise of the right of individual or collective...
Page 301 - When the President takes measures incompatible with the expressed or implied will of Congress, his power is at its lowest ebb, for then he can rely only upon his own constitutional powers minus any constitutional powers of Congress over the matter.
Page 413 - It is obvious that there may be matters of the sharpest exigency for the national well being that an act of Congress could not deal with but that a treaty followed by such an act could, and it is not lightly to be assumed that, in matters requiring national action, "a power which must belong to and somewhere reside in every civilized government
Page 655 - And you are to observe and follow such orders and directions from time to time as you shall receive from this or a future Congress...
Page 707 - When the legislative and executive powers are united in the same person or body," says he, " there can be no liberty, because apprehensions may arise lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner.
Page 704 - The United States in congress assembled shall have the sole and exclusive right and power of determining on peace and war...
Page 463 - The High Contracting Parties agree that an armed attack by any State against an American State shall be considered as an attack against all the American States and, consequently, each one of the said Contracting Parties undertakes to assist in meeting the attack in the exercise of the inherent right of individual or collective selfdefense recognized by Article 51 of the Charter of the United Nations.
Page 427 - United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances...