[DOWNLOAD] "Responsibility and war: Constitutional Separation of Powers Concerns." by Stanford Law School # Book PDF Kindle ePub Free

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eBook details

• Title: Responsibility and war: Constitutional Separation of Powers Concerns.
• Author : Stanford Law School
• Release Date : January 01, 2004
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 237 KB

Description

John Hart Ely was my first-year constitutional law professor at Harvard Law School. He was the Dean who hired me at Stanford Law School. He counseled me throughout my lawsuit against President Clinton's waging of an unconstitutional war on Yugoslavia. He was a man of intellect and principle, and he was my friend. I dedicate my remarks to his memory, knowing how terribly inadequate a testimony it is, but confident that John's legacy is a majestic tapestry. I'm happy to have been one small thread. John Ely wanted members of Congress to take responsibility when America entered a war. Those who argue there is no need for Congress to declare war often suggest that the appropriation of money for war constitutes all the approval that is constitutionally required. They are wrong. Their logic cannot refute the reality that modern wars are short. Except for Afghanistan, the Persian Gulf War, and the conflict in Iraq that started in 2003, each of which was the subject of an explicit authorization vote by Congress, every war fought by America since the enactment of the War Powers Resolution was over well before sixty days--the period of time provided in the War Powers Resolution after which Congress must act. (1) When wars are that short, there is money enough in the Defense Department pipeline to fund them in their entirety. Congress does, indeed, vote for the Defense Department appropriation every year. If the critics are to be true to their logic, then that money could, evidently, be spent on any quick war that might come up. Just voting for money for the Defense Department would then constitute adequate congressional authority under the Constitution to go to war, against anybody, anytime during the year, so long as the war is a short one. Even without a revived delegation doctrine, (2) such an argument is absurd.

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