Undeclared War: Twilight Zone of Constitutional Power |
Contents
THE CONSTITUTIONAL BACKGROUND | 9 |
THE CONSTITUTIONAL FRAMEWORK | 31 |
DEMOCRACY JUDICIAL REVIEW AND THE WAR POWERS | 60 |
THE SCOPE OF CONGRESSIONAL AND PRESIDENTIAL | 84 |
Early | 94 |
Creation of a National War Power | 101 |
The Supreme Court as Midwife to Constitutional | 107 |
The Judicial Response | 119 |
SelfRestraint Prevails | 132 |
Did Congress Support the War? | 138 |
THE CONGRESSIONAL | 161 |
NOTES | 177 |
TABLE OF CASES | 223 |
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Common terms and phrases
2nd Cir American argued Articles of Confederation auxiliary war powers Cambodia commander in chief conflict Congress congressional and presidential congressional authorization congressional declaration congressional power consti constitutional authority constitutionality decisions defensive powers delegates determine discretionary executive power exercise Farrand Federal Convention Federal courts foreign affairs Framers governmental power gress Gulf of Tonkin Hamilton hereinafter cited Holtzman Ibid Judd Judge Judge Anderson judicial intervention judicial review Justice Laird Law Review legislative and executive legislature liberty limited Madison Madison's Notes military actions military hostilities military operations necessary-and-proper clause Nixon offensive opinion political question political-question doctrine power to initiate prerogative President President's military presidential authority presidential power scope self-restraint Senate separation of powers South Vietnam sovereignty standing law Supp Supreme Court theory tion tional twilight zone U.S. armed forces U.S. Congress undeclared United Velvel vesting Vietnam Vietnam War wage war-powers controversies zone of concurrent zone of exclusive