War and Responsibility

TABLE OF CONTENTS:
Preface
Ch. 1 The Constitutional Framework 3
The Counterargument from Obsolescence 5
The Counterargument from Practice 9
Korea 10
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TABLE OF CONTENTS:
Preface
Ch. 1 The Constitutional Framework 3
The Counterargument from Obsolescence 5
The Counterargument from Practice 9
Korea 10
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
Notes 139
Index 239
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