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War and Responsibility : Constitutional Lessons of Vietnam and Its Aftermath - John Hart Ely

War and Responsibility

Constitutional Lessons of Vietnam and Its Aftermath

Paperback

Published: 1st March 1995
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Twenty years after the signing of the Paris Accords, the constitutional ambiguities of American involvement in the Vietnam War remain unresolved. John Hart Ely examines the overall constitutionality of America's role in Vietnam; and shows that Congress authorized each new phase of American involvement without committing itself to the stated aims of intervention.

"[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 has done a remarkable job in taking a series of elegant and sophisticated legal arguments and presenting them in an unusually concise and readable form. More important, he has breathed new life into the War Powers Resolution with a handful of suggestions that could bring the war power back to where it was intended, the representatives of the people."--Melvin Small, History: Reviews of New Books "This is scholarship with a difference... Now that this book exists, no one should engage in discussions about war and U.S. responsibility or the War Powers Act without having first consulted it."--James Finn, Commonweal "In this short but compellingly reasoned book, John Hart Ely argues that the congressional effort to regain its constitutional power has essentially failed... With clarity and sophistication, [he] walks us through a mine field of legal and political nuances... Ely's fine book should be seen as part of a revival of scholarly commitment to the separation of powers and to the theory of governing that undergirds it."--The Annals of the Academy of Political and Social Science "In this splendid volume Ely gives us the mature, ripened intellectual fruit of at least a quarter century's thought and the reflection by a leading constitutional law scholar on [a] most divisive public issue."--Daniel J. Kornstein, New York Law Journal

Preface
The Constitutional Frameworkp. 3
The Counterargument from Obsolescencep. 5
The Counterargument from Practicep. 9
Koreap. 10
Vietnam: The (Troubled) Constitutionality of the War They Told Us Aboutp. 12
The Constitutionality of the Vietnam War, 1964-1973p. 13
The American Ground Incursion into Cambodia, 1970p. 30
The Repeal of the Tonkin Gulf Resolution, 1971p. 32
The Continued Bombing of Cambodia, 1973p. 34
Inducing Congress to Face Up to Its Constitutional Responsibilitiesp. 47
The Experience Since Vietnamp. 48
Can Anybody Here Fix This Thing?p. 52
Judicial "Remand" as a Corrective for Legislative Evasionp. 54
The (Unenforceable) Unconstitutionality of the "Secret War" in Laos, 1962-1969p. 68
America's Role in the War in Laosp. 69
Defense 1: Because It Wasn't Fought by Our "Armed Forces," the Campaign in Laos Wasn't Covered by the Constitutional Requirement That Wars Be Authorized by Congressp. 73
Defense 2: The Tonkin Gulf Resolution Authorized the War in Laosp. 75
Defense 3: There Were Compelling Military Reasons Why Congress and the American Public Could Not Be Told About the War in Laos, and Thus Why Authorization Could Not Be Soughtp. 76
Defense 4: In Fact the "Secret War" in Laos Was No Secretp. 82
What is the Remedy for a Secret War?p. 93
The (Enforceable) Unconstitutionality of the Secret Bombing of Cambodia, 1969-1970p. 98
The Sihanouk Scenariosp. 99
What Is the Remedy for a Secret War in Which Congress Isn't Complicit?p. 103
"Covert" War Todayp. 105
Have Covert Wars Been Congressionally Authorized En Masse?p. 106
Must Covert Wars Be Congressionally Authorized?p. 108
Have I Just Given Away the Store?p. 109
Appendix: Toward a War Powers (Combat Authorization) Act That Worksp. 115
Provisions That Don't Do Any Good and Only Give the President an Excuse to Flout the Resolutionp. 115
Strengthening the Potentially Operational Provisionsp. 120
A Proposed Combat Authorization Actp. 132
Notesp. 139
Indexp. 239
Table of Contents provided by Publisher. All Rights Reserved.

ISBN: 9780691025520
ISBN-10: 0691025525
Audience: Tertiary; University or College
Format: Paperback
Language: English
Number Of Pages: 254
Published: 1st March 1995
Publisher: Princeton University Press
Country of Publication: US
Dimensions (cm): 22.9 x 15.2  x 1.91
Weight (kg): 0.36