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War Powers: How the Imperial Presidency Hijacked the Constitution
A "compelling and unnerving" assessment of how the Constitution has been distorted to accomodate the drive to empire ( The Washington Post )
Concerned about the dangers of unchecked executive power, the Founding Fathers deliberately assigned Congress the sole authority to make war. But the last time Congress did so was in 1941, after the Japanese attack on Pearl Harbor--since then, every president from Harry Truman to George W. Bush has used military force in pursuit of imperial objectives without congressional authorization. In vivid detail, War Powers recounts this story of subversion from above. Drawing on congressional hearings, Supreme Court opinions, media reports, and scholarly accounts, legal historian Peter Irons examines how the Constitution has been stretched, distorted, and violated as presidents usurped a shared, solemn power--eschewing congressional approval and often suspending civil liberties in the process.
An insightful and rousing history, War Powers takes us up to the recent preemptive invasion of Iraq, offering a necessary account of our most pressing contemporary constitutional crisis.
Concerned about the dangers of unchecked executive power, the Founding Fathers deliberately assigned Congress the sole authority to make war. But the last time Congress did so was in 1941, after the Japanese attack on Pearl Harbor--since then, every president from Harry Truman to George W. Bush has used military force in pursuit of imperial objectives without congressional authorization. In vivid detail, War Powers recounts this story of subversion from above. Drawing on congressional hearings, Supreme Court opinions, media reports, and scholarly accounts, legal historian Peter Irons examines how the Constitution has been stretched, distorted, and violated as presidents usurped a shared, solemn power--eschewing congressional approval and often suspending civil liberties in the process.
An insightful and rousing history, War Powers takes us up to the recent preemptive invasion of Iraq, offering a necessary account of our most pressing contemporary constitutional crisis.
320 pages, Paperback
First published January 1, 2005
63 people want to read
About the author
Peter Irons
77 books28 followersThe author of several books on the U.S. Supreme Court and constitutional litigation, Peter H. Irons is an American political activist, civil rights attorney, legal scholar, and Emeritus Professor of Political Science at the University of California, San Diego.
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Displaying 1 - 2 of 2 reviews
March 28, 2018
Progression from congress declaring war under the Constitution to president asking starting conflict and getting congress to fund. Since WWII we have not declared war, I don't believe. Instead we
have police actions, etc.
goes into detail about Iraq (and other facts relating to our actions after the World Trade Towers
attack by Muslim hard core terrorists.
Additional discussion of Guantanamo.
have police actions, etc.
goes into detail about Iraq (and other facts relating to our actions after the World Trade Towers
attack by Muslim hard core terrorists.
Additional discussion of Guantanamo.
January 27, 2016
"This shameful episode in American history sheds light on the depth and persistence of anti-Asian racism, the capitulation of military officials and political leaders to such bigotry, and the Court's reliance on racial stereotypes to justify the suspension of constitutional protections."
The book notes that initially some newspapers called for tolerance for the Japanese-Americans, but that changed rather soon to articles against them. The author notes that a report called the "Final Recommendation" urged the mass relocation of the Japanese Americans due to fear of sabotage and espionage on their part, but presented no evidence whatever than any such thing had taken place. The report was by DeWitt who used the argument that, since nothing had happened, that proved that it was going to, and that the military should get the Issei and the Nisei out of California and other West Coast areas.
The book also examines a good reason why so few fought the attempt to be sent to internment camps. If you didn't go to the camps, you went to prison. Not much of an alternative. The book examines how three men challenged the internment in courts.
Gordon Hirabayashi. Born 1918. Conscientious objector to the exclusion orders. Arrested for curfew violation. Federal district court Judge Lloyd Black was anti-Japanese (the book has some fascinating quotes from him) and found Hirabayashi guilty. Sentenced to two concurrent ninety-day terms.
Minoru Yasui: Born 1916. Was ordered to report for duty at Fort Vancouver in Washington State. When he showed up in uniform, he was told to get off the base. Arrested for curfew violation. The judge's written opinion included such wonderful things as linking her to the attack on Pearl Harbor and saying she was subject to the Emperor of Japan even though she was an American citizen (she was born in the U.S.) Found guilty, given a year in prison and a fine.
Fred Korematsu. Born 1919. Tried to escape the internment, going so far as to have plastic surgery on his eyelids, all in order to remain with his Caucasian girlfriend. Was arrested while on a street corner. At the trial he said he was willing to serve in the military, but had been rejected on medical grounds. Found guilty, sentenced to five-years probation.
All three appealed to the Supreme Court. Hirabayashi's conviction was upheld. Korematsu's conviction was upheld. In 1983 the three filed petitions arguing that they should not have been convicted since some of the government testimony was based on untruths. The convictions of all three were overturned based on government misconduct during the earlier trials.
This is all in chapter 8 of the book, with the rest of the book being basically an historical examination of the misuse of Presidential powers from the very beginning of the country right up to the present.
The book notes that initially some newspapers called for tolerance for the Japanese-Americans, but that changed rather soon to articles against them. The author notes that a report called the "Final Recommendation" urged the mass relocation of the Japanese Americans due to fear of sabotage and espionage on their part, but presented no evidence whatever than any such thing had taken place. The report was by DeWitt who used the argument that, since nothing had happened, that proved that it was going to, and that the military should get the Issei and the Nisei out of California and other West Coast areas.
The book also examines a good reason why so few fought the attempt to be sent to internment camps. If you didn't go to the camps, you went to prison. Not much of an alternative. The book examines how three men challenged the internment in courts.
Gordon Hirabayashi. Born 1918. Conscientious objector to the exclusion orders. Arrested for curfew violation. Federal district court Judge Lloyd Black was anti-Japanese (the book has some fascinating quotes from him) and found Hirabayashi guilty. Sentenced to two concurrent ninety-day terms.
Minoru Yasui: Born 1916. Was ordered to report for duty at Fort Vancouver in Washington State. When he showed up in uniform, he was told to get off the base. Arrested for curfew violation. The judge's written opinion included such wonderful things as linking her to the attack on Pearl Harbor and saying she was subject to the Emperor of Japan even though she was an American citizen (she was born in the U.S.) Found guilty, given a year in prison and a fine.
Fred Korematsu. Born 1919. Tried to escape the internment, going so far as to have plastic surgery on his eyelids, all in order to remain with his Caucasian girlfriend. Was arrested while on a street corner. At the trial he said he was willing to serve in the military, but had been rejected on medical grounds. Found guilty, sentenced to five-years probation.
All three appealed to the Supreme Court. Hirabayashi's conviction was upheld. Korematsu's conviction was upheld. In 1983 the three filed petitions arguing that they should not have been convicted since some of the government testimony was based on untruths. The convictions of all three were overturned based on government misconduct during the earlier trials.
This is all in chapter 8 of the book, with the rest of the book being basically an historical examination of the misuse of Presidential powers from the very beginning of the country right up to the present.
Displaying 1 - 2 of 2 reviews