War and Responsibility: Constitutional Lessons of Vietnam and Its Aftermath / Edition 1 available in Paperback
- Pub. Date:
- Princeton University Press
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.
|Publisher:||Princeton University Press|
|Edition description:||New Edition|
|Product dimensions:||6.00(w) x 9.00(h) x (d)|
About the Author
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.
Table of Contents
|Ch. 1||The Constitutional Framework||3|
|The Counterargument from Obsolescence||5|
|The Counterargument from Practice||9|
|Ch. 2||Vietnam: The (Troubled) Constitutionality of the War They Told Us About||12|
|The Constitutionality of the Vietnam War, 1964-1973||13|
|The American Ground Incursion into Cambodia, 1970||30|
|The Repeal of the Tonkin Gulf Resolution, 1971||32|
|The Continued Bombing of Cambodia, 1973||34|
|Ch. 3||Inducing Congress to Face Up to Its Constitutional Responsibilities||47|
|The Experience Since Vietnam||48|
|Can Anybody Here Fix This Thing?||52|
|Judicial "Remand" as a Corrective for Legislative Evasion||54|
|Ch. 4||The (Unenforceable) Unconstitutionality of the "Secret War" in Laos, 1962-1969||68|
|America's Role in the War in Laos||69|
|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||73|
|Defense 2: The Tonkin Gulf Resolution Authorized the War in Laos||75|
|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||76|
|Defense 4: In Fact the "Secret War" in Laos Was No Secret||82|
|What is the Remedy for a Secret War?||93|
|Ch. 5||The (Enforceable) Unconstitutionality of the Secret Bombing of Cambodia, 1969-1970||98|
|The Sihanouk Scenarios||99|
|What Is the Remedy for a Secret War in Which Congress Isn't Complicit?||103|
|Ch. 6||"Covert" War Today||105|
|Have Covert Wars Been Congressionally Authorized En Masse?||106|
|Must Covert Wars Be Congressionally Authorized?||108|
|Have I Just Given Away the Store?||109|
|Appendix: Toward a War Powers (Combat Authorization) Act That Works||115|
|Provisions That Don't Do Any Good and Only Give the President an Excuse to Flout the Resolution||115|
|Strengthening the Potentially Operational Provisions||120|
|A Proposed Combat Authorization Act||132|
What People are Saying About This
John Hart Ely ... is something of a marvel among law scholars: he writes readable, influential books about crucial issues of public policy.... [Ely] is convinced that the country would be more likely to avoid disastrous experiences of the Vietnam sort if the Constitution were made to work.
Richard Falk, Princeton University
In what is destined to become a classic, one of America's finest legal thinkers has brought much-needed new clarity to a perennial problem.
Laurence H. Tribe, Harvard Law School
Professor Ely has written a book of timely and tremendous importance. It makes a significant contribution to the hoped-for restoration of the historic constitutional balance between the legislative and executive branches.
Representative Ronald V. Dellums, Chairman, House Committee on Armed Services
[T]he most signal quality of this book is its shining integrity. Ely's patient, careful, but never tedious examination of Congress's role in the authorization of the Vietnam War is an inspiring antidote to the indulgent amnesia of so many who ought to know better.
Philip Bobbitt, "Michigan Law Review"
There is no more detailed or tightly analyzed summary of recent uses of the war power. [War and Responsibility belongs on the bookshelf of anyone teaching about the presidency or concerned at the clash that sometimes exists between the power of the modern presidency and the tenets of American democracy.
Philippa Strum, "Presidential Studies Quarterly"