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• Title: Are Congressionally Authorized Wars Perverse?
• Author : Stanford Law School
• Release Date : January 01, 2007
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 365 KB

Description

INTRODUCTION One of the most exhaustively discussed topics in the discourse of the separation of war powers is the role of ex ante congressional authorization on the use of force. (1) Almost without exception, this literature assumes that prior congressional authorization will likely lead to a "slow down" effect in the build up to an international confrontation and thus will make the United States less likely to embark on foreign wars. To pro-Congress commentators, this effect is unquestionably benign because in a constitutional system purportedly biased against foreign military adventures, ex ante congressional authorization ensures that any decision to use force is vetted against the views of a broad range of politically accountable actors. (2) To its detractors, congressional authorization is undesirable because it clogs up the President's war-making prerogative and compromises the United States's ability to confront unpredictable foreign military threats. (3) Nonetheless both sides of the debate assume that congressional authorization will generally create a drag effect on the President's ability to use force. (4)

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