Does It Even Work? A Theoretical and Practical Evaluation of the War Powers Resolution

The War Powers Resolution of 1973 represents a policy that attempts to fill a procedural gap in the Constitution, that is, a clear process by which the use of military force is authorized. Based on what is arguably a misinterpretation of the Constitution, it fails to achieve its objective: to constrain the president's discretion in employing military force unilaterally.

This article addresses the WPR in four sections. First, it examines the law's theoretical underpinnings. Next, it summarizes the law's provisions, its application, and several direct and indirect approaches that have been applied in studying the use of military force and the WPR. Third, using quantitative analysis, the article seeks to answer three basic questions: 1) Has the WPR had any effect on the U.S. president's decision to employ military force?

2) Has the WPR had any effect on the magnitude of force employed in a conflict?

3) Has the WPR had any effect on the duration of conflicts in which the president has employed military force?

Findings indicate that the War Powers Resolution is not a significant factor in presidents' decisions to use military force. Once the president decides to employ force in a given scenario, it also fails to be a significant factor in affecting the magnitude of force that is used. It appears that the law may have an effect on the duration of conflicts involving the U.S. military, but weaknesses in the statistical model leave this question open to further research to confirm or deny this verdict.     

华北革命根据地的军婚保护制度与实践困局

抗日战争及解放战争时期,中共华北各抗日根据地及解放区政府相继颁布了具有现代性的新型婚姻条例,以推进传统婚姻制度改革,其中军婚作为一种非普通婚姻自有其特殊规定。军婚纠纷处理既要考量前线战士的军事积极性,又要关切军人配偶的生产、生活、生理需求;既要兼顾婚姻立法中所体现的"婚姻自由"原则,又要遵循"一切服务于战争"的总方针。如此则无可避免地陷入立法规范与司法实践的困局,而且这种情形直至新中国成立之前均无法彻底破解。不过,此时之军婚改革与实践对现代军婚制度的确立和发展具有丰富的经验意义。     

Congress and Back Seat Driving

Few pieces of legislation in the realm of foreign policy decisionmaking have greater potential effect or are more controversial than the War Powers Resolution. The Resolution was intended originally to create greater leverage for Congress over executive use of military force. In this effort, it is widely believed that the Resolution has been ineffective. This paper uses an information theoretic model to examine the War Powers Resolution. Results of the modeling process allow for two general assertions. First, the model suggests that the Resolution is an optimal choice of procedure by the legislature. In other words, the War Powers Resolution is better for Congress than its alternatives. Second, the information theoretic approach used here seems to coincide with an anecdotal history of the war powers debate better than do alternative explanations. Indeed, the analysis helps to explain why war powers legislation was not considered seriously sooner. Though criticism of the War Powers Resolution has its merits, claims for a variety of alternative procedural systems may be open to challenge. Those wishing to establish mechanisms for curtailing executive adventurism abroad may find it more rewarding to focus efforts on the budgeting process or on the reduction of military force structures.     

The Contribution of Reinhold Niebuhr's ‘Moral Ambiguity’ to Contemporary Discussions on the Morality of Intervention and the Use of Force in a Post-Cold War World

Abstract

The post-Cold War world poses challenges to traditional principles guiding the ethics of the use of force. Military intervention and the current war on terror are two phenomena that challenge just war criteria such as just cause, right authority, and reasonable hope for success. The just war tradition is helpful but needs to be expanded and re-thought to address the pressing issues of our time. This paper suggests Reinhold Niebuhr's category of ‘moral ambiguity’ as a contribution to the discussion. His application of moral ambiguity to his situation during World War II and the Cold War witnesses to the depth that such a category can add to current international circumstances fraught with moral complexity. Though it too requires critique, contemporary discussions on military intervention reflect many of Niebuhr's evaluations of the ambiguity in the use of force as different global actors seek humane alternatives to provide relief to intense human suffering.     

Soldiers and Citizens: the concept of citizenship and the Anjala Covenant, 1788–1790

This article discusses the relationship between ‘citizenship’ and military duty during the late 18th century. This is illustrated by the legal conflict that erupted between the members of the Anjala Covenant and the Board of War in 1788. In a study of the records from the following court martial, the trial is viewed as a political discussion concerning the definition of the concept of the ‘citizen’. The covenanters and the Board of War held different definitions of this concept, which had implications for when and how a military officer was allowed to act politically. According to the final verdict, a military officer was deemed not to be allowed to delve into politics during an ongoing war, even though he considered himself forced to do so by his duty as a citizen. Through a study of the covenanters’ own writings and arguments, a new picture emerges of how their collective insubordination was motivated. According to the covenanters themselves, they wanted the Anjala Covenant to be seen as an attempt to reach a compromise in a moral dilemma, which would inevitably force them to abandon either their duties as ‘citizens’ or as ‘soldiers’.     

Imagining an Indian National Security Strategy: the sum of its parts

India’s power and interests continue to grow in the Indo-Pacific region and globally, yet its national security policymaking approaches have not kept pace. These may have been barely adequate for India’s twentieth-century experience as a regional power tending towards strategic restraint, but currently constrain India from being able to harness its considerable national capabilities to protect larger and more complex interests. This article identifies five key obstacles to a more coherent and effective approach to national security: lack of staffing depth in policy and intelligence; weak structures for ensuring inclusive consultation in policymaking; a disempowered military when it comes to strategic decisions; a lack of security expertise among civilian officials and politicians; and an absence of whole-of-government guidance in making and expressing policy. Many reforms are necessary, but two enabling early steps are identified and recommended: the creation of a Chief of Defence Staff position to elevate military coordination and authoritative input to policy, and the preparation of a National Security Strategy to define and guide overall policy.     

《师旂鼎》所反映西周的军法制度

《师旂鼎》铭文所记载的是一篇军法判例。本文根据铭文记载的内容归纳出西周有关军法制度的若干法律条文,这些条文反映了西周初期司法程式的完备,对西周法律制度的研究有重要作用。     

A Council at War: Whickham Urban District Council 1939-45

This article will examine the responses to the dangers of the Second World War by a local authority in north-east England, Whickham Urban District Council. Councillors and officials received guidance from central Government, Durham County Council and from military authorities to prepare for the anticipated effects of total war, including invasion, bombing and chemical warfare against the civilian population. Detailed monthly reports to the Urban District Council reveal the extensive and expensive preparations made by the Council to counter these threats. Newspaper articles demonstrate the willingness of inhabitants to support the Council and participate in patriotic initiatives including voluntary work and fundraising.     

Falling into line? Kosovo and the course of German foreign policy

Germany's role in Operation Allied Force has been described as a watershed in its foreign policy. It remains perhaps the pinnacle of Germany's security and defence policy transition after the Cold War. Germany's participation in Operation Allied Force was the first aggressive use of force by the Bundeswehr since the Second World War and, remarkably, was undertaken without a United Nations Security Council mandate. The deployment of German forces in 1999 suggested that German reluctance to burden-share in crisis management alongside NATO allies had been overcome. Yet Germany remains a cautious actor when it comes to the deployment of offensive military force. In this regard, Germany has maintained a considerable degree of continuity in its foreign and security policy after unification, a theme which this article will outline.     

Barracks Islam and Command Christianity: Religion in Britain’s West African Colonial Army (c.1900–1960)

Religion was an important and dynamic aspect of Britain’s West African colonial army. The religious composition of the force changed from primarily Muslim in the late nineteenth century to primarily traditionalist and Muslim during the early twentieth century to overwhelmingly Christian during and immediately after the Second World War. These changes reflected not only military requirements but also broader social trends. While Muslim religious life in the military reflected a ‘barracks Islam’ accommodated by British officers, a top-down form of command Christianity emerged from the 1940s. Appointed during the Second World War, military chaplains and imams encouraged recruiting and strengthened morale but the presence of black religious officials challenged the existing racial hierarchy.     

William Tell Militarism: The Swiss Model for Canada’s ‘Citizen Army’

Following Confederation in 1867, Canadians needed to move forward from their dependence on British imperial defence. Canadian militiaman Richard John Wicksteed was first to recommend adopting the model of the Swiss Army, a multi-ethnic, rifle-wielding citizen force powerful enough to ensure Swiss neutrality although surrounded by militaristic European powers. General Officer Commanding Edward Thomas Henry Hutton later proposed the Swiss model for a Canadian ‘National Army,’ echoed by Militia Minister Frederick Borden. In 1917, Colonel William Hamilton Merritt was the final advocate, drawn especially to the notion of equality in Switzerland’s universal military training programme. By this time, however, the Great War had changed concepts of Canada’s military needs from a reliance upon the defence-oriented citizen soldier to a more highly trained, expeditionary military force.     

George Bush and Executive Branch Domestic Policymaking Competence

This article critiques the George Bush domestic policymaking process and argues that Bush had the second-lowest level of policy competence among postwar presidents, ranking above only Ronald Reagan. Although not overtly antianalytic like Reagan, Bush gave little thought and effort to restoring the badly damaged executive branch domestic policymaking process. The article closes with suggestions about the steps needed for, and the difficulties in establishing, a strong White House policymaking process that generates fruitful interaction among key policy advocates over time and that establishes sufficient Executive Office of the President (EOP) capacity to monitor the implementation and management of presidential policies.     

Innovation and precedent in the Kosovo war: the impact of Operation Allied Force on US foreign policy

The 1990s was a period of strategic innovation in US foreign policy. Operation Allied Force in particular represented an important step in the contorted evolution of America's attitude towards the use of force in the post-Cold War period. That operation demonstrated the growing influence of humanitarian concerns and the extent to which America was willing to reconsider Cold War criteria on the prudence and utility of force in support of its foreign policy. In its decision to intervene in Kosovo, the Clinton administration also divided opinion among the military. This, in effect, reduced the premium placed on the counsels of the armed forces and made it easier for the Bush administration subsequently to ignore their advice. Furthermore, having fought the war multilaterally through NATO, Operation Allied Force made America more wary of doing so again. In other words, the intervention set a number of precedents and left a significant legacy for the way in which US foreign policy was pursued in the decade that followed. This legacy is considered in two parts: the first analyses those issues associated with the use of force debate; the second considers how the Kosovo experience affected US attitudes to coalition warfare.     

A Transformed Triangle: Court, Congress, and Presidency in Civil Rights

The relative permeability of the three elements of a triangle-the Supreme Court, Congress, and the president-to civil rights interest groups has varied over time. For almost two decades after World War II, the Supreme Court was the groups' preferred arena because Congress was resistant and presidents could thus do little or were hesitant to act. For a brief time in the mid-1960s the president and Congress became supportive of civil rights groups' claims while the Court also remained accessible. Starting in the late 1960s executive and legislative support for civil rights moderated, with presidential support declining significantly in the 1980s. When the Supreme Court adopted that latter stance, Congress became the body through which to protect civil rights by reversing the Court's decisions. In this examination of the "transformed triangle" in civil rights policymaking, we look at this change over time and at "flip-flops" in litigation as one administration changes the position espoused by its predecessor, and we also give some attention to the Supreme Court's response to congressional reversal of its rulings.     

America's Misguided Mission

In Democracy by force , Karin von Hippel provided a useful analysis of the mistakes made and lessons learned by the United States in using military force to promote democracy during the Cold War. However, more fundamental issues with regard to the intentions and consequences of American intervention are left unexplored. US policy-makers mistakenly believe that spreading democracy will itself enhance international security. Democracy needs liberalism to produce peace; indeed, as Yugoslavia and Rwanda illustrate, illiberal democracy can bring war. This article concludes that American might could be put to better moral use in preventing massive violations of human rights, rather than in promoting democracy.     

Russia resurgent? Moscow's campaign to ‘coerce Georgia to peace’

Russia's military incursion into Georgia in August 2008 and formal recognition of South Ossetia and Abkhazia raise fundamental questions about Russian regional policy, strategic objectives and attitudes to the use of armed force. The spectacle of maneouvre warfare on the periphery of Europe could form a watershed in post‐Cold War Russian relations with its neighbourhood and the wider international community. The speed and scale with which Russia's initial ‘defensive’ intervention to ‘coerce Georgia to peace’ led to a broad occupation of many Georgian regions focuses attention on the motivations behind Russian military preparations for war and the political gains Moscow expected from such a broad offensive. Russia has failed to advance a convincing legal case for its operations and its ‘peace operations’ discourse has been essentially rhetorical. Some Russian goals may be inferred: the creation of military protectorates in South Ossetia and Abkhazia; inducing Georgian compliance, especially to block its path towards NATO; and creating a climate of uncertainty over energy routes in the South Caucasus. Moscow's warning that it will defend its ‘citizens’ (nationals) at all costs broadens the scope of concerns to Russia's other neighbour states, especially Ukraine. Yet an overreaction to alarmist scenarios of a new era of coercive diplomacy may only encourage Russian insistence that its status, that of an aspirant global power, be respected. This will continue to be fuelled by internal political and psychological considerations in Russia. Careful attention will need to be given to the role Russia attributes to military power in pursuing its revisionist stance in the international system.     

美国公立学校种族隔离制度的形成与终结--以非洲裔美国人的经历为例

美国公立学校种族隔离制度是在内战结束以及公立学校开始普及的社会背景下形成的,为了废除这种制度,非洲裔美国人进行了长期不懈的努力,其斗争的鲜明特征是组织性和法律性。废除学校种族隔离的过程集中体现了法律的神圣性以及司法部门的独立性,同时联邦政府也进行了有效的干预和控制。     

Speakers at War in the Late 14th and 15th Centuries

The significance of war in the development of the medieval English parliament is well known. The origins of the speakership are located in the context of the Hundred Years War, which began in 1337 and in which the English were still embroiled at the time of the Good Parliament of 1376. It was at this parliament that the Commons first chose a spokesperson, Sir Peter de la Mare, knight of the shire for Herefordshire. This article considers the military careers of de la Mare and his successors to the end of the Hundred Years War in 1453. Did the war have an impact on the choice of Speaker? Was a military man chosen for parliaments where military matters were to be discussed? We know the identity of the Speaker in 53 of the 64 parliaments between 1376 and 1453. Several served more than once, so that we are left with a group of 33 individuals to analyse. An overall trend is discernable. Up to 1407 all known Speakers were belted knights, and most had extensive military experience before they took up office. Only five of the 19 parliaments between 1422 and 1453 had Speakers of knightly rank: otherwise, Speakers with legal and administrative, rather than military, experience were chosen. In the years from 1407 to 1422 the speakership was occupied by a mixture of soldiers and administrators many of whom were closely connected to the royal duchy of Lancaster and to revival of English aggression towards France from 1415 onwards.     

New Chinese Military History, 1839–1951: What’s the Story?

Since 1990, New Chinese Military History in the West has remedied scholarly neglect of Chinese warfare and changed the usual stories of modern China. These studies disproved Orientalist assumptions of a unique “Chinese way of war” or a strategic culture that avoided aggressive confrontation. Scholars also challenge the assumption that Confucian immobility led to a clash of civilizations and decisive defeat in the Opium Wars, First Sino-Japanese War, and Boxer War of 1900. In fact, Qing officials were quick and successful in creating a new military regime. New military histories of the warlords, the Sino-Japanese Wars, and the Chinese Civil War show that developing new types of warfare was central in creating the new nation. All these wars split the country into factions that were supported by outside powers: they were internationalized civil wars. The article also asks how the choice of terms, labels, and categories shapes interpretations and political messages.     

The President as Agenda Setter‐in‐Chief: The Dynamics of Congressional and Presidential Agenda Setting

In this paper, we investigate the agenda leadership capability of two American political institutions, Congress and the presidency, in an array of issue areas that include both domestic and foreign policy. The president has long been considered to have the most significant role in setting the policymaking agenda, but there is limited empirical research to support that claim. Examining the issue areas of defense, environment, health care, international affairs, law and crime, and macroeconomics from 1956 to 2005, we find statistically significant positive influence by the president on the congressional agenda in all six of the policy areas under examination, providing compelling evidence of presidential agenda leadership and a reactive Congress. Additionally, we find that the agenda relationship between the president and Congress is issue dependent, in that presidential attention has the largest substantive effect on the congressional agenda in the area of international affairs.