The Reagan wars : a constitutional perspective on war powers and the presidency / David Locke Hall.
1991
KF5060 .H35 1991 (Map It)
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Author
Title
The Reagan wars : a constitutional perspective on war powers and the presidency / David Locke Hall.
Published
Boulder : Westview Press, 1991.
Call Number
KF5060 .H35 1991
ISBN
0813311985 (alk. paper)
Description
xi, 279 pages ; 24 cm
System Control No.
(OCoLC)23584344
Summary
Ronald Reagan's term in office was punctuated by four significant employments of military force: the deployment of Marines to Lebanon; the intervention in Grenada; the air strikes against Libya; and the deployment of naval forces to the Persian Gulf. In the aftermath of each of these military operations, critics questioned the constitutional basis for such unilateral presidential war-making, arguing that Congress alone is empowered to declare war. Debates over whether the President failed to comply with the statutory requirements of the War Powers Resolution further complicated these constitutional disagreements. In The Reagan Wars, David Hall seeks to overcome a key source of confusion in these heated debates - the failure to distinguish between the wisdom of Reagan's actions and their legality. He demonstrates that the circumstances under which the Constitution permits unilateral presidential war-making were present when President Reagan waged war between 1980 and 1988. Hall first considers the thinking of the Constitution's Framers on the question of war powers and the subsequent two hundred years of judicial interpretation regarding the proper balance between congressional and presidential authority to make war. In light of this historical background, he then closely examines the facts and the legal circumstances of each of the four "Reagan wars." Hall's thought-provoking conclusions deserve the attention of anyone interested in the role of the Constitution in U.S. foreign policy-making.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
List of Maps
Preface
Introduction
1
Notes
3
Pt. 1
A Clash of Wills: The Constitutional Balance of War Powers
1The Intent of the Framers
9
The Articles of Confederation and the Constitutional Convention
9
Early Examples of Presidential War-making
23
Conclusion
32
Notes
33
2Judicial Interpretation
41
The Foreign Affairs Power
41
The Power of the Commander-in-Chief
49
The Executive Powers
57
The Steel Seizure Case: A War Powers Limit
62
Conclusion
68
Notes
71
3Nonjusticiability
81
The Political Question Doctrine
82
Vietnam Cases: The Courts Are Silent
91
Vietnam Cases: The Courts Speak
95
Conclusion
98
Notes
98
4The War Powers Resolution
105
Summary of the War Powers Resolution
105
Consultation and Reporting
106
The Sixty-Day "Clock"
110
Nonjusticiability
112
The War Powers Resolution and the President's Power to Defend
115
The Unconstitutionality of the Congressional Termination Provision
119
The War Powers Resolution Amended
121
Conclusion
125
Notes
127
Pt. 2
The Reagan Wars, 1980-1988
5Lebanon, 1982-1984
135
The Multi-National Force in Lebanon
135
The Multi-National Force in Lebanon and the U.S. Constitution
146
The Multi-National Force in Lebanon and the War Powers Resolution
154
Notes
160
6Grenada, 1983
167
Operation Urgent Fury
167
Operation Urgent Fury and the U.S. Constitution
188
Operation Urgent Fury and the War Powers Resolution
195
Notes
200
7Libya, 1986
211
The Libya Mission
211
The Libya Mission and the U.S. Constitution
216
The Libya Mission and the War Powers Resolution
223
Conclusion
227
Notes
227
8Persian Gulf, 1987-1988
233
The U.S. Middle East Task Force
233
The U.S. Middle East Task Force and the U.S. Constitution
249
The U.S. Middle East Task Force and the War Powers Resolution
255
Notes
262
Conclusion
271
Notes
273
About the Book and Author
275
Index
277