POLITICAL EDUCATION, CONSERVATIVE ANALYSIS

POLITICS, SOCIETY, & THE SOVEREIGN STATE

Website of Dr. Almon Leroy Way, Jr.

HOW AMERICA GOES TO WAR:

THE PRESIDENT, AMERICAN LAW, & U.S. MILITARY
INTERVENTION INTO FOREIGN CONFLICTS
By

Almon Leroy Way, Jr.
December 31, 1999



CONTENTS

A.
The War Powers--Public Debate & Controversy

B. Constitutional Allocation of the War Powers

C. The Allocation & the Intent of the Founders

D. The Founders' Intent & Late Twentieth-Century Reality

E. U.S. Military Actions Without Declarations of War--The Post-World War II Era,
    1945-1999

F. U.S. Military Actions Without Declarations of War--United States History, 1789-1999

G. Development of an Independent Presidential War-Making Power

    Hamilton's View of the Presidential War-Making Power
    The Power of Congress to Declare War
    The President's Use of Article XLIII of the U.N. Charter
    The President's Use of the Joint Resolution
    The President's Reliance on Prerogative Theory
H. Vietnam & Independent Presidential War-Making

I. The New Mood of Withdrawal & Congressional Revolt

    A Resurgence of Isolationism
    The Brewing Congressional Revolt
    The Impact of the System of Checks & Balances
    The Impact of Partisan Politics
    The Impact of Human Nature
    The Congressional Revolt in Progress
J. The War Powers Act of 1973--Key Provisions
    Purpose & Rationale of the War Powers Act
    Consultation Requirements under the War Powers Act
    Reporting Requirements under the War Powers Act
    The War Powers Act & Restrictions on Presidential Action
K. Constitutionality of the War Powers Act

L. Presidential War-Making under the War Powers Act

    President Ford & the War Powers Act
    President Reagan & the War Powers Act
    President Bush & the War Powers Act
    President Clinton & the War Powers Act
        Intervention into the Civil War in Somalia
        Military Action Against Iraq
        Intervention into the Political Turmoil in Hati
        Intervention into the Ethnic Conflict in Bosnia
        Continuing Military Engagement with Iraq
        Intervention into the Kosovo-Yugoslav War
M. Montenegro--The Next Occasion for U.S. Intervention?




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