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War Powers

The Politics of Constitutional Authority

War Powers by Mariah Zeisberg
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Armed interventions in Libya, Haiti, Iraq, Vietnam, and Korea challenged the US president and Congress with a core question of constitutional interpretation: does the president, or Congress, have constitutional authority to take the country to war? War Powers argues that the Constitution doesn't offer a single legal answer to that question. But its structure and values indicate a vision of a well-functioning constitutional politics, one that enables the branches of government themselves to generate good answers to this question for the circumstances of their own times.

Mariah Zeisberg shows that what matters is not that the branches enact the same constitutional settlement for all conditions, but instead how well they bring their distinctive governing capacities to bear on their interpretive work in context. Because the branches legitimately approach constitutional questions in different ways, interpretive conflicts between them can sometimes indicate a successful rather than deficient interpretive politics. Zeisberg argues for a set of distinctive constitutional standards for evaluating the branches and their relationship to one another, and she demonstrates how observers and officials can use those standards to evaluate the branches' constitutional politics. With cases ranging from the Mexican War and World War II to the Cold War, Cuban Missile Crisis, and Iran-Contra scandal, War Powers reinterprets central controversies of war powers scholarship and advances a new way of evaluating the constitutional behavior of officials outside of the judiciary.

Princeton University Press; July 2013
256 pages; ISBN 9781400846771
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Title: War Powers
Author: Mariah Zeisberg
  • News
Executive Secrecy - Boston Review
Fri, 03 Jul 2015 08:16:30 -0700
Boston ReviewExecutive SecrecyBoston ReviewA recent argument on this score can be found in University of Minnesota law ...
Debate over War Powers may yield positive outcome - Constitution Daily (blog)
Wed, 25 Sep 2013 03:40:58 -0700
Constitution Daily (blog)Debate over War Powers may yield positive outcomeConstitution Daily (blog)Anyone who believed that the ...