War and Responsibility: Constitutional Lessons of Vietnam and Its Aftermath - Hardcover

Ely, John Hart

 
9780691086439: War and Responsibility: Constitutional Lessons of Vietnam and Its Aftermath
Hardcover
ISBN 10: 0691086435 ISBN 13: 9780691086439
Verlag: Princeton University Press, 1993

Inhaltsangabe

Twenty years after the signing of the Paris Accords ending the Vietnam War, the constitutional ambiguities of American involvement in that conflict remain unresolved. Now John Hart Ely analyzes them in the context of U.S. military actions since Vietnam, up to and including the Gulf War. He examines the overall constitutionality of America's role in Vietnam from the year 1964, when fighting began in earnest, as well as the legal problems raised by specific incidents such as the American ground incursion into Cambodia, the inconclusive repeal of the Tonkin Gulf Resolution, and the U.S. government's continued bombing of Cambodia between the final withdrawal of American troops on April 1, 1973 and August 15 of the same year. Arguing that the hubris of the executive branch was aggravated by legislative irresponsibility, Ely shows that Congress authorized each new phase of American involvement in Vietnam, without committing itself to the stated aims of intervention. The "secret war" the CIA (and Air Force) fought in neighboring Laos throughout the 1960s and the secret bombing of Cambodia in 1969 and 1970 were different, however. There, Ely demonstrates, Congress was largely kept ignorant and thus could not have provided the constitutionally required authorization.
Ely proposes a revised version of the War Powers Resolution that would force the president to seek congressional authorization before (or, if necessary, simultaneously with) sending the nation's troops into armed combat, and suggests specific ways in which the federal courts can and should induce Congress to reassume unequivocally the obligations so plainly entrusted to it by the Constitution. Written in the lively style familiar to readers of Ely's Democracy and Distrust, this is a work with broad implications for the conduct of U.S. foreign policy in the years ahead.

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Über die Autorin bzw. den Autor

Formerly the Tyler Professor of Constitutional Law at Harvard University and then Dean of Stanford Law School, John Hart Ely is Robert E. Paradise Professor at Stanford.

Von der hinteren Coverseite

"In what is destined to become a classic, one of America's finest legal thinkers has brought much-needed new clarity to a perennial problem."--Laurence H. Tribe, Harvard Law School

"[T]he most signal quality of this book is its shining integrity. Ely's patient, careful, but never tedious examination of Congress's role in the authorization of the Vietnam War is an inspiring antidote to the indulgent amnesia of so many who ought to know better."--Philip Bobbitt, Michigan Law Review

"John Hart Ely ... is something of a marvel among law scholars: he writes readable, influential books about crucial issues of public policy.... [Ely] is convinced that the country would be more likely to avoid disastrous experiences of the Vietnam sort if the Constitution were made to work. "--Richard Falk, Princeton University

"There is no more detailed or tightly analyzed summary of recent uses of the war power. [War and Responsibility belongs on the bookshelf of anyone teaching about the presidency or concerned at the clash that sometimes exists between the power of the modern presidency and the tenets of American democracy."--Philippa Strum, Presidential Studies Quarterly

"Professor Ely has written a book of timely and tremendous importance. It makes a significant contribution to the hoped-for restoration of the historic constitutional balance between the legislative and executive branches."--Representative Ronald V. Dellums, Chairman, House Committee on Armed Services

Aus dem Klappentext

"In what is destined to become a classic, one of America's finest legal thinkers has brought much-needed new clarity to a perennial problem."--Laurence H. Tribe, Harvard Law School

"[T]he most signal quality of this book is its shining integrity. Ely's patient, careful, but never tedious examination of Congress's role in the authorization of the Vietnam War is an inspiring antidote to the indulgent amnesia of so many who ought to know better."--Philip Bobbitt, Michigan Law Review

"John Hart Ely ... is something of a marvel among law scholars: he writes readable, influential books about crucial issues of public policy.... [Ely] is convinced that the country would be more likely to avoid disastrous experiences of the Vietnam sort if the Constitution were made to work. "--Richard Falk, Princeton University

"There is no more detailed or tightly analyzed summary of recent uses of the war power. [War and Responsibility belongs on the bookshelf of anyone teaching about the presidency or concerned at the clash that sometimes exists between the power of the modern presidency and the tenets of American democracy."--Philippa Strum, Presidential Studies Quarterly

"Professor Ely has written a book of timely and tremendous importance. It makes a significant contribution to the hoped-for restoration of the historic constitutional balance between the legislative and executive branches."--Representative Ronald V. Dellums, Chairman, House Committee on Armed Services

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Verlag
Princeton University Press
Erscheinungsdatum
1993
Sprache
Englisch
ISBN 10 
0691086435
ISBN 13 
9780691086439
Einband
Gebundene Ausgabe
Anzahl der Seiten
244
Kontakt zum Hersteller
Princeton University Press
https://press.princeton.edu/books

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Verantwortliche Person
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Vorgestellte Ausgabe

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Verlag: Princeton University Press, 1995
Softcover