Suing to Save the War Powers Resolution

Constitutional Dysfunction on Trial ◽

10.7591/cornell/9781501702501.003.0003 ◽

2019 ◽

pp. 37-52

Author(s):

Jasmine Farrier

Keyword(s):

Persian Gulf ◽

Iraq War ◽

Ronald Reagan ◽

Bill Clinton ◽

Barack Obama ◽

Persian Gulf War ◽

Federal Courts ◽

The Political ◽

War Powers ◽

Political Question

This chapter explores the consequence of four decades of congressional and judicial restraint that followed the passage of the 1973 War Powers Resolution. The member lawsuits began with four challenges to President Ronald Reagan (on El Salvador, Nicaragua, Grenada, and the Iran–Iraq War), and one each against George H. W. Bush (Persian Gulf War), Bill Clinton (Kosovo), George W. Bush (Iraq), and Barack Obama (Libya). These cases were dismissed for different reasons by the federal courts, citing mootness, ripeness, standing, the political question doctrine, and equitable discretion, usually in some combination, as barriers to adjudication. Upon dismissal, federal courts placed the entire burden to rein in presidential power on supermajorities in Congress, even though prior authorization may not have occurred. This disapproval would ultimately require two-thirds of both chambers to override a presidential veto. In these ways, federal courts normalized the very dynamics the member-plaintiffs were targeting in their suits.

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DESEKURITISASI ISU PERUBAHAN IKLIM AMERIKA SERIKAT MELALUI KEBIJAKAN PENARIKAN DIRI DARI PARIS AGREEMENT 2015

Padjadjaran Journal of International Relations ◽

10.24198/padjir.v2i1.24010 ◽

2020 ◽

Vol 2 (1) ◽

pp. 84

Author(s):

Fardha Dewi Shinta

Keyword(s):

Ronald Reagan ◽

Bill Clinton ◽

Barack Obama ◽

Paris Agreement ◽

Donald Trump

Masalah perubahan iklim dalam kebijakan luar negeri A.S. telah mengalami proses yang panjang. Mulai dari tahun 1980 Amerika Serikat melakukan sekuritisasi selama masa pemerintahan Ronald Reagan, George H. W Bush, Bill Clinton dan Barack Obama. Tetapi pada masa pemerintahan George W. Bush dan Donald Trump, Amerika Serikat menghapuskan masalah perubahan iklim. Penelitian ini menganalisis upaya desecuritisasi isu perubahan iklim yang dilakukan oleh pemerintah Donald Trump dari 2017 hingga 2020. Teknik analisis data dalam penelitian ini berupa pengelompokan dan pengumpulan data terkait dan kemudian diklarifikasi setelah proses pengeditan data. Penelitian ini menemukan bahwa upaya desecuritization dilakukan oleh pemerintah Donald Trump, melalui pernyataan untuk menstabilkan masalah perubahan iklim, dan masalah itu digantikan dengan masalah lain yang lebih mengancam seperti masalah ekonomi, imigran, dan teroris.

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Public Wealth in USA: Distribution and Financing

World Economy and International Relations ◽

10.20542/0131-2227-2014-5-42-52 ◽

2014 ◽

pp. 42-52

Author(s):

A. Shlikhter

Keyword(s):

Socioeconomic Development ◽

Ronald Reagan ◽

Bill Clinton ◽

Barack Obama ◽

State Regulation ◽

The State ◽

Social Programs ◽

Historical Trends ◽

George Bush ◽

The Usa

The article focuses on the state regulation and financing of public wealth in the USA. The author analyses historical trends in managing of state social programs within the system “federation – states – local units”. Special attention is given to the concepts and practices of federative relations in the context of US socioeconomic development. The article also evaluates the reforms of state machinery conducted during the terms of Ronald Reagan, Bill Clinton, George Bush (Jr.) and Barack Obama administrations.

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Containing Iran

Why Containment Works ◽

10.7591/cornell/9781501749483.003.0006 ◽

2020 ◽

pp. 150-173

Author(s):

Wallace J. Thies

Keyword(s):

United States ◽

Persian Gulf ◽

Nuclear Power ◽

Fuel Cycle ◽

Nuclear Fuel Cycle ◽

The United States ◽

Historical Record ◽

Persian Gulf War ◽

Conventional Wisdom ◽

The Political

This chapter details how, like Colonel Qaddafi's Libya and Saddam Hussein's Iraq, Iran under clerical rule was widely thought to be a difficult target for a strategy based on containment. With every year that passed, Iran seemed to draw closer to becoming a nuclear power and therefore harder to deter and to contain, or so the conventional wisdom proclaimed. The chapter considers the political–military rivalry between the United States and Iran between 1991 (the first Persian Gulf War) and 2016 (when Iran accepted strict limits on its use of the nuclear fuel cycle to produce fissionable materials). If containment pessimists are correct about Iran being undeterrable and uncontainable, then many of the events recounted in the chapter probably should not have occurred. But they did occur, which suggests that a closer look at the historical record will likely reveal some additional interesting twists and turns.

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Lines of Sight: Watching War in Jarhead and My War: Killing Time in Iraq

PMLA ◽

10.1632/pmla.2009.124.5.1662 ◽

2009 ◽

Vol 124 (5) ◽

pp. 1662-1676 ◽

Cited By ~ 3

Author(s):

Stacey Peebles

Keyword(s):

Persian Gulf ◽

Military Service ◽

Iraq War ◽

Gulf War ◽

Persian Gulf War ◽

The Gaze ◽

Technologies Of Representation ◽

The Persian Gulf

Jarhead, Anthony Swofford's 2003 memoir of the Persian Gulf War, and My War: Killing Time in Iraq, Colby Buzzell's 2005 memoir of the Iraq War, emphasize the authors' voyeuristic delight in watching war movies before and during their military service. What follows their enthusiastic consumption of “military pornography,” however, is a crisis of nonidentification and a lingering uncertainty about the significance of war in their own lives. Swofford and Buzzell find that the gaze they initially wielded is turned on them, and in response Swofford roils with sexually coded anger and frustration while Buzzell chooses to amplify his exposure by starting a blog. The two memoirs, then, provide a compelling account of the relation between changing technologies of representation and the experience of postmodern war. These lines of sight, all targeting the spectacle of combat, reveal the contemporary intersections among war, media, and agency.

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War Is Justiciable, Until It Isn’t

Constitutional Dysfunction on Trial ◽

10.7591/cornell/9781501702501.003.0002 ◽

2019 ◽

pp. 17-36

Author(s):

Jasmine Farrier

Keyword(s):

Twentieth Century ◽

Cold War ◽

Civil War ◽

Political Culture ◽

Vietnam War ◽

Federal Court ◽

Federal Courts ◽

The Political ◽

War Powers ◽

The Cold War

This chapter demonstrates that courts were once comfortable entering into the fray when they have clear congressional guidelines about war authorization (private lawsuits) and when members of Congress press their claims through political as well as legal channels (Cambodia cases). It also shows that federal courts can have a place in war powers conflicts—and they did up through the mid-twentieth century, but only in individual plaintiff cases. Although no federal court has ever ordered a president to stop a war, there was once more comfort in judicial engagement in war-related constitutional questions, at least from the founding generation through the Civil War and beyond; the Cold War changed all three branches' orientations. Member litigation began during the Vietnam War out of frustration with imbalance of power that took permanent root in the Cold War and then remained in the political culture under new international pressures in the 1990s and after 9/11. The chapter then details the first two member cases surrounding the Vietnam War's expansion.

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