War and Responsibility

"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

Autorentext
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. His Democracy and Distrust: A Theory of Judicial Review won the Order of the Coif triennial award for the best book published in any field of law during the years 1980 through 1982.

Klappentext
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.

Zusammenfassung
Examines the overall constitutionality of America's role in Vietnam. This title shows that Congress authorized different phases of American involvement without committing itself to the stated aims of intervention.

Inhalt
Preface The Counterargument from Obsolescence The Counterargument from Practice Korea Ch. 2Vietnam: The (Troubled) Constitutionality of the War They Told Us About The Constitutionality of the Vietnam War, 1964-1973 The American Ground Incursion into Cambodia, 1970 The Repeal of the Tonkin Gulf Resolution, 1971 The Continued Bombing of Cambodia, 1973 Ch. 3Inducing Congress to Face Up to Its Constitutional Responsibilities The Experience Since Vietnam Can Anybody Here Fix This Thing? Judicial "Remand" as a Corrective for Legislative Evasion Ch. 4The (Unenforceable) Unconstitutionality of the "Secret War" in Laos, 1962-1969 America's Role in the War in Laos 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 Congress Defense 2: The Tonkin Gulf Resolution Authorized the War in Laos 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 Sought Defense 4: In Fact the "Secret War" in Laos Was No Secret What is the Remedy for a Secret War? Ch. 5The (Enforceable) Unconstitutionality of the Secret Bombing of Cambodia, 1969-1970 The Sihanouk Scenarios What Is the Remedy for a Secret War in Which Congress Isn't Complicit? Ch. 6"Covert" War Today Have Covert Wars Been Congressionally Authorized En Masse? Must Covert Wars Be Congressionally Authorized? Have I Just Given Away the Store? Appendix: Toward a War Powers (Combat Authorization) Act That Works Provisions That Don't Do Any Good and Only Give the President an Excuse to Flout the Resolution Strengthening the Potentially Operational Provisions A Proposed Combat Authorization Act Notes Index

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