The U.S. Constitution and the Power to Go to War: Historical and Current Perspectives

By Gary M. Stern; Morton H. Halperin | Go to book overview

balance before a crisis even occurs, and to give the United Nations the capacity to take prompt action on a limited scale.

In addressing the constitutional war powers issues raised by U.N.-authorized military actions, the President and Congress should keep in mind the differences between the three war powers models as they work to strengthen the U.N.'s ability to respond to the many diverse threats to international peace and security. In the immediate future, the political accommodation approach may prevail, as it ultimately did during the Gulf War. In the longer term, however, the contract approach deserves greater attention than it has received thus far, if only because the types of conflicts for which it is applicable will be so numerous.

Despite its advantages, however, the contract model win not resolve all the war powers questions that will arise in the U.N. context. Member states entering into Article 43 agreements are likely to attach too many conditions and limitations upon them for Article 43 forces to be of much value in large-scale conflicts requiring a substantial force deployment. In future cases of major cross-border aggression, the Security Council may rely again on a delegated mandate approach, in which U.S. troops participate not under Article 43 agreements but as part of an ad hoc coalition of national forces assembled for a specific large-scale response. 87

In such cases, it will largely be up to the Congress and the President--in their usual war powers tug of war--to determine whether a political accommodation will be reached or whether the police power model will reign by default. Even in these cases, however, the existence of a contract framework (and the numerical limits it establishes) would undercut the legitimacy of police power claims that the President has unilateral authority once the Security Council has authorized an action. The contract approach may thus contribute to a greater and more effective congressional role in assessing the merits of U.S. participation in specific U.N. military operations, especially when substantial numbers of American troops are involved.


NOTES
1.
2 The Records of the Federal Convention of 1787 318-19 ( Max Farrand ed., 1911). For a discussion of the history of the Constitution's War Clause, see Chapters 1 and 2.
2.
U.N. Charter, Art. 39 & Art. 42. At the same time, Article 51 affirms that "[n]othing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations, until the Security Council has taken the measures necessary to maintain international peace and security."
3.
U.N. Chatter, Art. 43, para. 1.
4.
Id. para. 3.
5.
U.N. Charter, Art. 47. The five permanent Security Council members are the United States, China, France, Great Britain, and Russia (which replaced the former Soviet Union).
6.
The Security Council did impose sanctions under Chapter VII in several cases, however. In 1965, the Council called upon states to apply sanctions against Southern Rhodesia, SC Res. 217 ( 1965), and in 1966 it authorized Britain to take limited forcible steps to enforce those sanctions, SC Res. 221 ( 1966). Comprehensive mandatory economic sanctions were imposed in 1968, SC Res. 253 ( 1968). The Security Council also imposed an arms embargo against South Africa in 1977, SC Res. 418 ( 1977).

-98-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
The U.S. Constitution and the Power to Go to War: Historical and Current Perspectives
Table of contents

Table of contents

  • Recent Titles in Contributions in Military Studies ii
  • Title Page iii
  • Contents v
  • Acknowledgments vii
  • Introduction 1
  • Notes 8
  • 1: Historical Survey of the War Powers and the Use of Force 11
  • Notes 26
  • 2: Constitutional Constraints: The War Clause 29
  • Notes 46
  • 3: Statutory Constraints: The War Powers Resolution 55
  • 4: Treaty Constraints: The United Nations Charter and War Powers 83
  • Notes 98
  • 5: International Law Constraints 107
  • Notes 118
  • 6: Judicial Constraints: The Courts and War Powers 121
  • Notes 128
  • 7: Constraints on "Covert" Paramilitary Action 133
  • Notes 147
  • 8: "Covert" Paramilitary Action and War Powers 149
  • Notes 157
  • 9: Emergency War Powers 159
  • Notes 166
  • 10: Common Ground 167
  • Notes 176
  • Appendix 179
  • Selected Bibliography 181
  • Index 191
  • About the Editors and Contributors 197
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 202

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

    Already a member? Log in now.