The issue of who has the power to declare war or authorise military action in a democracy has become a major legal and political issue, internationally, and is set to become even more pertinent in the immediate future, particularly in the wake of military action in Syria, ongoing wars in the Middle East, and tense discussions between the United States and its allies, and Russia and China. This book comparatively examines the executive and prerogative powers to declare war or launch military action, focusing primarily on the United States, Britain and Australia. It explores key legal and constitutional questions, including: who currently has the power/authority to declare war? who currently has the power to launch military action without formally declaring war? how, if at all, can those powers be controlled, legally or politically? what are the domestic legal consequences of going to war? In addition to probing the extensive domestic legal consequences of going to war, the book also reviews various proposals that have been advanced for interrogating the power to commence armed conflict, and explores the reasons why these propositions have failed to win support within the political establishment.

Since the September 11 attacks on the United States, the Bush administration has come under fire for its methods of combating terrorism. Waging war against al Qaeda has proven to be a legal quagmire, with critics claiming that the administration's response in Afghanistan and Iraq is unconstitutional. The war on terror—and, in a larger sense, the administration's decision to withdraw from the ABM Treaty and the Kyoto accords—has many wondering whether the constitutional framework for making foreign affairs decisions has been discarded by the present administration. John Yoo, formerly a lawyer in the Department of Justice, here makes the case for a completely new approach to understanding what the Constitution says about foreign affairs, particularly the powers of war and peace. Looking to American history, Yoo points out that from Truman and Korea to Clinton's intervention in Kosovo, American presidents have had to act decisively on the world stage without a declaration of war. They are able to do so, Yoo argues, because the Constitution grants the president, Congress, and the courts very different powers, requiring them to negotiate the country's foreign policy. Yoo roots his controversial analysis in a brilliant reconstruction of the original understanding of the foreign affairs power and supplements it with arguments based on constitutional text, structure, and history. Accessibly blending historical arguments with current policy debates, The Powers of War and Peace will no doubt be hotly debated. And while the questions it addresses are as old and fundamental as the Constitution itself, America's response to the September 11 attacks has renewed them with even greater force and urgency. “Can the president of the United States do whatever he likes in wartime without oversight from Congress or the courts? This year, the issue came to a head as the Bush administration struggled to maintain its aggressive approach to the detention and interrogation of suspected enemy combatants in the war on terrorism. But this was also the year that the administration’s claims about presidential supremacy received their most sustained intellectual defense [in] The Powers of War and Peace.”—Jeffrey Rosen, New York Times “Yoo’s theory promotes frank discussion of the national interest and makes it harder for politicians to parade policy conflicts as constitutional crises. Most important, Yoo’s approach offers a way to renew our political system’s democratic vigor.”—David B. Rivkin Jr. and Carlos Ramos-Mrosovsky, National Review

For this new edition, Louis Fisher has updated his arguments to include critiques of the Clinton & Bush presidencies, particularly the Use of Force Act, the Iraq Resolution of 2002, the 'preemption doctrine' of the current U.S. administration, & the order authorizing military tribunals.

The issue of who has the power to declare war or authorise military action in a democracy has become a major legal and political issue, internationally, and is set to become even more pertinent in the immediate future, particularly in the wake of military action in Syria, ongoing wars in the Middle East, and tense discussions between the United States and its allies, and Russia and China. This book comparatively examines the executive and prerogative powers to declare war or launch military action, focusing primarily on the United States, Britain and Australia. It explores key legal and constitutional questions, including: who currently has the power/authority to declare war? who currently has the power to launch military action without formally declaring war? how, if at all, can those powers be controlled, legally or politically? what are the domestic legal consequences of going to war? In addition to probing the extensive domestic legal consequences of going to war, the book also reviews various proposals that have been advanced for interrogating the power to commence armed conflict, and explores the reasons why these propositions have failed to win support within the political establishment.

One of BookPage's Best Books of 2020 “The detailed, nuanced, gripping account of that strange and complex journey offered in Robert Draper’s To Start a War: How the Bush Administration Took America Into Iraq is essential reading—now, especially now . . . Draper’s account [is] one for the ages . . . A must-read for all who care about presidential power.” —The Washington Post From the author of the New York Times bestseller Dead Certain comes the definitive, revelatory reckoning with arguably the most consequential decision in the history of American foreign policy--the decision to invade Iraq. Even now, after more than fifteen years, it is hard to see the invasion of Iraq through the cool, considered gaze of history. For too many people, the damage is still too palpable, and still unfolding. Most of the major players in that decision are still with us, and few of them are not haunted by it, in one way or another. Perhaps it's that combination, the passage of the years and the still unresolved trauma, that explains why so many protagonists opened up so fully for the first time to Robert Draper. Draper's prodigious reporting has yielded scores of consequential new revelations, from the important to the merely absurd. As a whole, the book paints a vivid and indelible picture of a decision-making process that was fatally compromised by a combination of post-9/11 fear and paranoia, rank naïveté, craven groupthink, and a set of actors with idées fixes who gamed the process relentlessly. Everything was believed; nothing was true. The intelligence failure was comprehensive. Draper's fair-mindedness and deep understanding of the principal actors suffuse his account, as does a storytelling genius that is close to sorcery. There are no cheap shots here, which makes the ultimate conclusion all the more damning. In the spirit of Barbara Tuchman's The Guns of August and Marc Bloch's Strange Defeat, To Start A War will stand as the definitive account of a collective process that arrived at evidence that would prove to be not just dubious but entirely false, driven by imagination rather than a quest for truth--evidence that was then used to justify a verdict that led to hundreds of thousands of deaths and a flood tide of chaos in the Middle East that shows no signs of ebbing.