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War PowersThe Politics of Constitutional Authority$
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Mariah Zeisberg

Print publication date: 2013

Print ISBN-13: 9780691157221

Published to Princeton Scholarship Online: October 2017

DOI: 10.23943/princeton/9780691157221.001.0001

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Who Has Authority to Take the Country to War?

Who Has Authority to Take the Country to War?

(p.1) Chapter 1 Who Has Authority to Take the Country to War?
War Powers

Mariah Zeisberg

Princeton University Press

This chapter first sets out the book's purpose, which is to demonstrate that the constitutional politics of war powers can be meaningfully assessed in terms that are congruent, rather than repugnant, to their animating conditions. Constitutional theory need not be disabled in its confrontation with an interpretive politics that is shot through with vagueness, underdeterminacy, structured interbranch conflict, and partisan and policy rivalries. We can generate standards for assessing interpretive fidelity that capture, track, and engage this constitutional politics rather than resist, ignore, and condemn it. The remainder of the chapter discusses insularist conceptions of war authority, structural conditions of war powers, interbranch deliberation and the relational conception, and the relational conception and constitutional authority.

Keywords:   constitutional politics, war powers, constitutional theory, war authority, interbranch deliberation, constitutional authority, U.S. Constitution, insularism, relational conception

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