Nurturing the imperial presidency : : a how-to manual in eight essays / / by Brien Hallett.

• VerfasserIn: Hallett, Brien,
• Place / Publishing House: Leiden, The Netherlands ;, Boston : : Brill,, [2021]; ©2021
• Year of Publication: 2021
• Language: English
• Series: Theory Workshop ; 1.
• Physical Description: 1 online resource.

Wishing to be helpful, Nurturing the Imperial Presidency by Brien Hallett illuminates the 5,000-year-old invariant practice of executive war-making. Why has the nation's war leader always decided and declared war? Substituting a speech act approach for the traditional "separation of powers...

Table of Contents

• Preface
• Acknowledgments
• List of Illustrations
• 1 The Moral and Procedural Structure of Declarations of War
• An Introduction
• 1 A Brief Overview of the Theory of Speech Acts 5
• 2 Charles v of France, the Wise, and the Congress of the United States
• 3 Perceptual Issues: Legislative Capacities and Incapacities
• 4 Definitional Issues: a Lexical vs. a Performative Definition
• 4.1 War as a Performative Speech Act
• 5&eemsp;The Four and a Half Lexical Declarations of War in American History
• 5.1 Absolute vs. Conditional Declarations of War
• 5.2 Reasoned vs. Unreasoned Declarations of War
• 5.3 The Organizational Capacity and Incapacity for Declaring War
• 2 Executive War Making from George H. W. Bush to Gilgamesh
• Invariant State Practice
• 1 An Elected Constitutional Monarch
• 2 An Invariant State Practice
• 3 Explaining the Rise of Elected Constitutional Monarchies: the "Power of the Purse"
• 4 From Majesty to Sovereignty
• 5 Primus Inter Pars
• 6 Parsing Sovereignty
• 7 Conclusion: Imagining an Alternative after Five Thousand Years
• 3 The Congressional Incapacity to Declare War
• Legislative Sins of Omission vs. Executive Sins of Commission
• 1 Two Examples of War Making Procedures in Kingless Assemblies
• 1.1 The Second Continental Congress
• 1.2 The Security Council
• 2 War and Non-War: Two Examples of Congressional Incapacity
• 2.1 Non-Authorization by the 112th Congress
• 2.2 Authorization by the 107th Congress
• 3 James Madison and the Power to Declare War
• 3.1 The War of 1812: Sins of Commission and Sins of Omission
• 4 Conclusion
• 4 Defining War and the Declaring of War
• Performative Speech Acts and Ontological Guillotines
• 1 Part 1: Declarations as Performative Speech Acts
• 1.1 Defining the Indefinable
• 1.1.1 Defining "Armed Conflict"?
• 1.2 Codependency: the Speech Act Character of War
• 1.2.1 Three Thought Experiments
• 1.2.2 Rule of Law and the Outlawing of War
• 1.2.3 Erasing the Codependent Relationship
• 1.2.4 An Imperfect "Perfect"
• 2 Part 2: Declarations as Ontological Guillotines: Transforming the Subjective into the Objective
• 2.1 Functional Equivalent Ways to Declare War
• 2.1.1 Positively Missing the Point
• 5 The Declaring of War as a Conflict Resolution Strategy
• 1 The Shortcomings of Hague Convention III
• 2 Unconditional Cynicism and Bad Faith
• 3 Parliamentary vs. Executive Decision-Making: the Decision Is the Declaration vs. the Decision Is Not the Declaration
• 4 The Jus Fetiale : Procedural Justice Sustains Substantive Justice
• 6 The United Nation's Security Council
• >An "Original Understanding" vs. "Original Intentions"
• 1 Original Irrelevance: Perceiving a Separation of Powers
• 1.1 John Yoo's "Original Understanding"
• 1.2 Arthur Schlesinger, "Original Intent," and "Collective Judgment"
• 2 Searching for Suitable Textual Models
• 2.1 The Security Council and the Exercise of a Functionally Equivalent Power to Declare War
• 3 Conclusion
• 7 A Monarchial vs. a Republican Constitution
• Misplacing Ends and Means
• 1 Constitutional Symmetry: the Road Not Taken
• 2 Procedural Legitimacy and the Ontology of Policy Ends and Means
• 2.1 The Ontology of a Procedurally Legitimate Declaration of Policy Ends in a Republic
• 2.2 The Ontology of a Procedurally Legitimate Ordering of Policy Means in a Republic
• 3 Conclusion
• 8 Ends and Means or Checks and Balance?
• Obscuring Agency by Authorizing War in the Unites States and Europe
• 1 Clausewitz on War
• 2 The Just-Interaction Criteria
• 3 The Federal Convention of 1787
• 4 Obscuring Agency by Authorizing War in the Unites States and Europe
• Appendices
• Appendix A The Declaration of Independence and Twelve Congressional Declarations of War
• Appendix B British Declaration of War against France, 7 May 1689
• Appendix C Two Modern, Procedurally Imperfect Declarations of War
• Appendix D A Model Constitutional Amendment
• Appendix E A Joint Resolution to Establish a Joint Congressional Drafting Committee of 20xx
• Appendix F Re-evaluating the Traditional Just- War Criteria
• Bibliography
• Index.