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.     

A New Model of Executive Power: A Montesquieuan Explanation of the Obama Presidency

Abstract

The perennial concern over executive overreach continues well into Obama's presidency, leading many to wonder if the “unitary executive” is here to stay. Discussions of executive war powers focus on three models. The Hamiltonian perspective gives presidents the lead position in foreign affairs; the second model, following Madison, presents Congress as the leader when initiating hostilities. Finally, Jeffersonians present emergency powers as extra-legal, giving presidents a sphere of actions that cannot be contained within constitutional discussions. Problematically, current scholarship implicitly or explicitly grounds these explanations in Locke's political philosophy. This occurs despite a dearth of references to Locke during the Constitutional Convention and infrequent references to his thought during early debates over executive-congressional divisions of war powers. Comparatively, all of these seminal American figures frequently mention Montesquieu, often fighting over the specifics of his theory. While scholars widely acknowledge this influence, they rarely mention him during discussions of war powers or the nature of executive power in general. This article examines the Montesquieuan understanding of executive power and shows how this model represents a viable alternative to the Lockean one. Most importantly, examining the executive from a Montesquieuan perspective provides solutions to current problems that the Lockean perspective does not.     

Gerald Ford,the Mayaguez Incident,and the Post-Imperial Presidency

In 1975 Gerald Ford became the first President bound by the War Powers Resolution. Enacted in 1973, members of Congress, still fuming over the revelations crystallized by the Pentagon Papers that the Gulf of Tonkin Resolution was a sham, sought to prevent future Presidents from starting future Vietnam Wars. Though Ford voted against the measure twice as a Congressman, as President he respected the law and Congress enforcing it. This article explores Ford's efforts and actions as he complied with the law. Ford's attitude and acquiescence reflected his efforts he heal the nation.     

Stiffening Abe: William Pitt Fessenden and the Role of the Broker Politician in the Civil War Congress

The difficult but by no means dysfunctional relationship between President Abraham Lincoln and Congress remains an understudied aspect of Civil War history. Indeed, it is impossible to arrive at a comprehensive or convincing explanation for Union victory until that relationship is limned more precisely. This article contends that U.S. Senator William Pitt Fessenden (1806–69) played a critical mediating role in the wartime Congress. He did so firstly in his capacities as chair of the Senate finance committee and close associate of U.S. Secretary of the Treasury Salmon P. Chase and secondly as a public supporter of executive war powers. Although the influential Maine Republican had serious doubts about the effectiveness of the Lincoln administration, his determination to quash the southern rebellion and considerable powers of self‐restraint enabled him to act as an important and constructive broker between the White House and the fractious Republicans on Capitol Hill.     

Inevitability,masculinity, and the American military tradition: the committee on the conduct of the war investigates the American Civil War

This essay examines the work of the Joint Committee on the Conduct of the War, a joint select committee of investigation formed by Congress during the American Civil War. During its tenure in the 37^th and 38^th sessions of Congress, the Committee investigated almost every aspect of Union military operations; however, its principal concern was the examination of Union military defeats. Members of the Committee on the Conduct of the War were influenced by the notion of inevitable Union victory. As self‐made men who had achieved a degree of success in the emerging market economy of nineteenth‐century America, Committee members exemplified the period's predominate concept of masculinity. Also skeptical of military science and distrustful of the United States military academy at West Point, the Committee showed a marked preference for volunteer soldiers and officers throughout the war. Believing that West Point generals who endorsed strategic maneuver were cowardly and disloyal, Committee members were frequently critical of regular army officers in their investigations. Confusing the rhetoric of ‘hard war’ with military competence, the Committee's disdain for military education caused it to endorse incompetent military leadership and advocate mediocre generals for high command.     

Legal Challenges to Presidential Policies on the Use of Military Force

A review of legal challenges to the use of military force, from the Vietnam War era to the Gulf War, demonstrates a judicial unwillingness to constrain presidential policymaking. In most of these cases, the judiciary has ruled the legal challenge nonjusticiable. In the first post-Cold War challenge , Dellums v. Bush, the United States District Court for the District of Columbia issued the equivalent of a declaratory judgment. Arguably, this is the only practical judicial response to the presidential use of force, but it does little more than redirect the policy conflict from the courts to Congress. The rule of law remains a weak reed in efforts to constrain presidential policymaking on the use of military force.     

Global multipolarity,European security and implications for UK grand strategy: back to the future,once again

The international system is returning to multipolarity—a situation of multiple Great Powers—drawing the post‐Cold War ‘unipolar moment’ of comprehensive US political, economic and military dominance to an end. The rise of new Great Powers, namely the ‘BRICs’—Brazil, Russia, India, and most importantly, China—and the return of multipolarity at the global level in turn carries security implications for western Europe. While peaceful political relations within the European Union have attained a remarkable level of strategic, institutional and normative embeddedness, there are five factors associated with a return of Great Power competition in the wider world that may negatively impact on the western European strategic environment: the resurgence of an increasingly belligerent Russia; the erosion of the US military commitment to Europe; the risk of international military crises with the potential to embroil European states; the elevated incentive for states to acquire nuclear weapons; and the vulnerability of economically vital European sea lines and supply chains. These five factors must, in turn, be reflected in European states’ strategic behaviour. In particular, for the United Kingdom—one of western Europe's two principal military powers, and its only insular (offshore) power—the return of Great Power competition at the global level suggests that a return to offshore balancing would be a more appropriate choice than an ongoing commitment to direct military interventions of the kind that have characterized post‐2001 British strategy.     

Gender and Post‐war Relief: Support for War‐Widowed Mothers in Occupied Japan (1945–52)

This article analyses the gender implications that emerged through welfare support for the war‐bereaved in post‐Asia‐Pacific War Japan. It follows the foundation, activities and dissolution of the Federation of Bereaved War Victims, the first support group for the war‐bereaved that initially began as an organisation for military widows. After its dissolution, members of the Federation went on to create two separate groups – the Victims’ Federation and Widows’ Federation – whose members, scope and objectives presented stark gendered divisions. By examining this divide, and by analysing the earlier histories of the organisations, this article explores the relationships among gender, military, death and bereavement, and post‐war relief. The article pays particular attention to the tensions and negotiations among various interest groups, including military widows, women widowed from other causes, feminist activists, male lawmakers, bereaved fathers and the Supreme Commander for the Allied Powers. I place the dissolution of the Federation in its social and political contexts and analyse its relationship to the contemporaneous discussions on female citizenship. In particular, I focus on two areas mobilised by Japanese feminist activists since the early twentieth century: suffrage and motherhood. The short history of the Federation provides a means to examine the reconfiguration of the connection between gender and citizenship during the demilitarisation and democratisation processes that occurred in occupied Japan.     

Japanese Intelligence Operations in Scandinavia during World War II

Japanese intelligence operations in Scandinavia became active after the collapse of Poland in September 1939. Both the Japanese and the Finns exchanged information on Soviet military cryptography and tried to decrypt the enemy's codes. As a result of the cooperation, the Finns succeeded in decrypting Soviet naval code at the beginning of the Continuation War. Onodera Makoto, Japanese military attaché in Sweden, collected a lot of valuable information on the Allied Powers in the neutral country, though the General Staff in Tokyo disregarded them as unreliable.     

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.     

Lincoln as Commander-in-Chief

Abstract

Abraham Lincoln's presidency was defined and dominated by war, yet Lincoln himself had very little direct experience with warfare; nor had the American presidency been truly tested by war when he took office. Lincoln had to negotiate very difficult political and constitutional terrain as he waged the Civil War: issues of executive authority, constitutional powers and their limitations, and the nature of civil liberties during war constantly bedeviled him. His guiding principle in all these matters, and the greatest lesson we can learn from him today, was his flexibility and his pragmatism.     

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.     

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。     

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.     

关于1940年美英“驱逐舰换基地”协定的历史考察

1940年 9月美国和英国签订的“驱逐舰换基地”的秘密协定 ,是第二次世界大战爆发后美国尚处在战争之外的情况下 ,两国间达成的第一个重要双边军事协定。经过近 4个月的谈判 ,英国获得了迫切需要的驱逐舰 5 0艘 ,美国以此换取了租借英国在西大西洋和加勒比海上的 8个海空军基地 99年的权利 ,以及英国政府的重要保证 :英国一旦战败 ,皇家海军决不投降也不会被凿沉 ,而是开到海外继续保卫帝国     

‘It’s a different time. It’s a different era. It’s a different place’: the Legacy of Vietnam and Contemporary Memoirs of the Wars in Iraq and Afghanistan

Abstract

This article examines censorship of US journalists in World Wars I and II and the Korean War, Vietnam War, and Persian Gulf War, and from war to war, trends in types of censored information. This article also answers whether any censorship has avoided bloodshed or been legitimate, and concludes by examining how, in any future US wars, the government or military could most legitimately ensure safe reporting.     

Interpreting the Syria vote: parliament and British foreign policy

This article presents three distinct interpretations of how parliamentary war powers affect British foreign policy more generally, based on a detailed analysis of the debate preceding the vote in parliament in August 2013 on whether Britain should intervene in the Syrian civil war. The first interpretation treats parliament as a site for domestic role contestation. From this perspective, parliamentary war powers matter because they raise the significance of MPs' doubts about Britain's proper global ‘role’. The second interpretation treats parliament as a forum for policy debate. There is nothing new about MPs discussing international initiatives. But now they do more than debate, they decide, at least where military action is involved. From this perspective, parliamentary war powers matter because they make British foreign policy more cautious and less consistent, even if they also make it more transparent and (potentially) more democratic in turn. The final interpretation treats parliament as an arena for political competition. From this perspective, parliamentary involvement exposes major foreign policy decisions to the vagaries of partisan politicking, a potent development in an era of weak or coalition governments, and a recipe for unpredictability. Together these developments made parliament's war powers highly significant, not just where military action is concerned, but for British foreign policy overall.     

抗战期间中加军事关系评析

当中国开始抗击日本侵略之际,加拿大推行绥靖政策,同时采取一定的战备措施。直到抗战初期,中加两国关系处于低层次水平上。加拿大参战之后,随着中加公使级外交关系的建立,两国的军事合作关系亦得到确立。加方对国民党军队的评价不高,但坚持军事合作,向中国提供对日作战的情报和作战物资援助。中加军事关系与政治关系密切相关,其发展相互对应;军事合作关系的建立和发展,有助于世界反法西斯战争的进行;合作的主要形式和内容是加拿大向中国提供军援;欧德澜的个人作用相当突出;但中加军事合作的影响较为有限。     

The basic structure of Chiang Kai-shek's diplomatic strategy

As a leader of the Republic of China, Chiang Kai-shek carried on Sun Yat-sen's legacy of using diplomacy as a force in the modern era and planned to rely on diplomacy to revise China's unequal treaties with foreign powers. Chiang elaborated on Sun's ideas and maintained that diplomacy as a war without battles worked more effectively than wars with battles. Faced with the threat of Japanese invasion, he upheld the strategy of using one foreign country to control another. He expected the outbreak of a war between Japan and the Soviet Union or between Japan and the United States so that a war between Japan and China could be avoided. Chiang engaged in active diplomacy aimed at turning these expectations into reality. His diplomatic strategy had an impact during the Anti-Japanese War.