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War Powers: How the Imperial Presidency Hijacked the Constitution
 
 
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War Powers: How the Imperial Presidency Hijacked the Constitution [Hardcover]

Peter Irons (Author)
3.8 out of 5 stars  See all reviews (5 customer reviews)


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Book Description

0805075933 978-0805075939 July 14, 2005 First Edition
A striking assessment of how the Constitution has been stretched, distorted, and violated to accommodate the drive to empire from Jefferson's day to our own

An insightful analysis and rousing history, War Powers examines a fundamental question in the development of the American empire: What constraints does the Constitution place on our territorial expansion, military intervention, occupation of foreign countries, and on the power the president may exercise over American foreign policy?

Worried about the dangers of unchecked executive power, the Founding Fathers deliberately assigned Congress the sole authority to make war. But the last time Congress declared war was on December 8, 1941, after the Japanese attack on Pearl Harbor. Since then, every president from Harry Truman to George W. Bush has used military force in pursuit of imperial objectives, while Congress and the Supreme Court have virtually abdicated their responsibilities to check presidential power. In vivid detail, Peter Irons recounts this story of subversion from above, tracing presidents' increasing willingness to ignore congressional authority and even suspend civil liberties.

Drawing on congressional hearings, Supreme Court opinions, law-review commentary, media reports, and scholarly accounts, legal historian Irons takes us up to the recent preemptive invasion of Iraq, offering a necessary account of our most pressing contemporary constitutional crisis.

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Editorial Reviews

From Publishers Weekly

At times, the latest addition to Holt's American Empire Project reads like a left-wing version of William Rehnquist's All The Laws but One (1998). Irons, a Supreme Court historian, picks up on many of the same cases that the Chief Justice examined, but where Rehnquist saw wartime necessity in curtailing civil liberties, Irons sees a pattern of presidential overreaching that federal judges have neglected to check. A chapter on the internment of Japanese-Americans during the Second World War is a particularly forceful example of Irons's ability to build a persuasive argument rooted in constitutional case law. He also significantly expands the scope of the discussion beyond Rehnquist to include military actions launched by presidents without a formal declaration of war by Congress, including the recent invasion of Iraq and the treatment of suspected terrorists and other detainees. Here, Irons occasionally undercuts himself with inflammatory rhetoric, claiming, for example, that the first President Bush started the Gulf War as a public relations stunt. Similarly, his otherwise strong elaboration of the executive branch's Theodore Roosevelt–initiated seizing of power contains assertive "empire" moments that make the legalistic arguments a tougher sell than they need to be.
Copyright © Reed Business Information, a division of Reed Elsevier Inc. All rights reserved.

About the Author

Professor of political science at the University of California at San Diego, Peter Irons is the author of numerous books, including A People's History of the Supreme Court, and editor and narrator of May It Please the Court. His writings have earned him an uprecedented five Silver Gavel Awards from the American Bar Association.

Product Details

  • Hardcover: 320 pages
  • Publisher: Metropolitan Books; First Edition edition (July 14, 2005)
  • Language: English
  • ISBN-10: 0805075933
  • ISBN-13: 978-0805075939
  • Product Dimensions: 9.2 x 6 x 1.2 inches
  • Shipping Weight: 1.2 pounds
  • Average Customer Review: 3.8 out of 5 stars  See all reviews (5 customer reviews)
  • Amazon Best Sellers Rank: #1,746,985 in Books (See Top 100 in Books)

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8 of 10 people found the following review helpful:
4.0 out of 5 stars Who has the POWER to make WAR?, December 11, 2005
By 
Bohdan Kot (Washington, D.C.) - See all my reviews
(REAL NAME)   
This review is from: War Powers: How the Imperial Presidency Hijacked the Constitution (Hardcover)
Political science professor (University of California - San Diego) Peter Irons poses to answer one question, "Why and how do we go to war?" "War Powers" is a clear and concise answer to the question that starts with exploring our country's humble beginnings, the framing of the U.S. Constitution (1787), to probing the background of George W. Bush's invasion of Iraq (2003).

The subtitle of Irons' book, "How The Imperial Presidency Hijacked The Constitution," is a precise foreshadowing of the book's contents. Irons' meticulous research, most notably the actions of presidents beginning with Franklin D. Roosevelt and on, are powerful reminders of how presidents have overstepped their constitutional powers. The author stresses Congress has only declared five wars as Congress continued to abdicate its constitutional war power while the presidency became increasingly imperial. Presidents Ford, Carter, Reagan, Clinton and both Bushs have all claimed an "inherent" right to initiate military action without prior congressional approval.

"War Powers" is valuable for it shows how the U.S. rose to its current position as the sole supreme power. But more importantly, the treatise is a warning and a call to return war-making powers "to their constitutional home in Congress, as the Framers intended." Irons shines light on the erosion of our country's foundation, which often has been completely dismissed by presidents like Franklin D. Roosevelt who stated, "The Constitution is just a piece of paper."

Bohdan Kot
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8 of 11 people found the following review helpful:
4.0 out of 5 stars Good account of the evolution of Presidential Ceasarism, December 11, 2005
This review is from: War Powers: How the Imperial Presidency Hijacked the Constitution (Hardcover)
Mr. Irons presents a good history of the deterioration of our government's understanding of the war-making power, from the democratic mechanism enshrined in our Constitution by our Founding Fathers requiring Congressional authorization for war, to the dictatorial war-making powers claimed (and exercised) by modern day Presidents, and abetted by a supine Congress.

There should be no dispute that the Founding Fathers intended that Congress should initiate war and the President should merely prosecute it, until the Congress decides to conclude hostilities. James Madison said, "...those who are to conduct a war cannot in the nature of things, be proper or safe judges, whether a war ought to be commenced, continued or concluded. They are barred from the latter functions by a great principle in free government, analogous to that which separates the sword from the purse or the power of executing from the power of enacting laws". (pg 26) The Constitution spells out that intention with utter clarity, and it appears that the US government respected that provision until the Lincoln regime, when the old Constitutional order was finally overthrown, although technically Lincoln claimed he was suppressing a rebellion, rather than fighting a formal "war". Some may point to President Polk's instigation of the Mexican War as the point when this Constitutional balance was first challenged, but I would view Polk's military machinations as duplicitous, manipulative and certainly illegal, but not as a direct legal challenge to the war-declaring powers of Congress. A previous reviewer points to unilateral military actions on the part of Washington and Jefferson, but I'm not sure what he's referring to. In response to barbary piracy, Washington sent Congress a message saying that, "...it rests with Congress to decide between war, tribute and ransom as the means of re-establishing our Mediterranean commerce". (pg 30) Jefferson as well asked Congress in 1801 for_permission_to send warships to protect US ships from the Barbary pirates. (pg 42) Both Presidents made explicit declarations of Congressional supremacy in that regard. People may debate exactly when the Constitutional arrangement really started to fall apart, but I think it is pretty certain that it really first began to be challenged in the early 20th century, with Teddy Roosevelt, Taft, Wilson, etc. leading to the obscene modern spectacle of a whole string of Presidents explicitly declaring that they alone have the power of unleashing war on any country in the world.

It is almost unbelievable that there are men in a Democratic Republic, besides Ceasar-worshippers, dual loyalist war-mongers (neoconservatives) and arms dealers who would tolerate such an idea from an American Chief Executive, but such men exist in abundance today, in government, academia and opinion-shaping industries who not only tolerate such an idea but promote it for their own perverted ends. That's where I wish Mr. Irons would have expanded his topic- the reasons and motivations behind the mass acquiescence to a dictatorial power-grab by the Executive branch. Is it cowardice? Intimidation? Ignorance? I wish we could have heard some theories about this. Also, in his section on the curtailment of civil liberties during wartime, I wish he would have made mention of the great Sedition trials of WW II, but perhaps the story of those victims, being right wingers, don't register on the radar screens of left-wing professors. Also, Mr. Irons blames the ambiguity and toothlessness of the War Powers Resolution for continued Presidential defiance of the Constitution but I don't believe he made mention of the fact that the Supreme Court has actually struck down certain portions of the resolution. Apart from those quibbles, this is a very good book which liberty-loving citizens should read and act upon, if they value the freedoms bequeathed to us by our Founding Fathers and maintained, to varying degrees of success, by the blood, sweat and treasure of generations of patriots.
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4.0 out of 5 stars How We Got An Emperor, December 19, 2009
WAR POWERS by Peter Irons is a history book addressing the authority to declare war.
It starts with the Continental Congress and the positions of various delegates regarding executive powers.

Mr. Irons provides some pertinent quotes such as this from page 34-
"In no part of the Constitution is more wisdom to be found than in the clause which confides the question of war and peace to the legislature, and not to the executive department".-James Madison.

An interesting aspect of his journey through presidential history is that some favorite presidents trespassed the Constitution on the issue of waging war and admitted doing so. Others like Wilson and Bush II viewed it far differently.

Mr. Irons explains that over the course of American political history it wasn't only Congress abdicating it's Constitutional duty that was partially at fault. The Supreme Court during different eras deferred to the president or simply avoided the issue by labeling it a "political issue".

He explains the correlation between corporate interests and the global network of military bases.

The author quoted one phrase from Justice Davis' 1866 writing on the Milligan case that bears repeating in this review. It's even more important today that it was 140 + years ago.

"The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances." -Justice David Davis.

As a book on imperial presidential ambitions and history, this book is unbiased.
It's a little dated (2005) but worth reading for understanding how war powers have been taken over by the executive branch and how the other two branches of government have reacted.
This book also examines how the executive branch has infringed on individual rights of citizens and non-citizens alike. One prime example he cites is the internment of Japanese-American citizens during WWII.
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Inside This Book (learn more)
First Sentence:
On May 14, 1787, a dozen men gathered at the redbrick State House in Philadelphia, the seat of Pennsylvania's government. Read the first page
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
presidential war making, prior congressional approval, congressional sanction, great exigencies, mass internment, imperial presidency, sole organ
Key Phrases - Capitalized Phrases (CAPs): (learn more)
Supreme Court, White House, Japanese Americans, World War, New York, Vietnam War, United Nations, War Powers Resolution, Camp X-Ray, Soviet Union, Saudi Arabia, Saddam Hussein, Security Council, Gulf War, Korean War, North Vietnamese, Pearl Harbor, West Coast, Fred Korematsu, League of Nations, Patriot Act, Bill Clinton, Gordon Hirabayashi, Middle East, Prize Cases
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