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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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The Politics of Constitutional Authority

The Politics of Constitutional Authority

(p.222) Chapter 6 The Politics of Constitutional Authority
War Powers

Mariah Zeisberg

Princeton University Press

This case studies discussed in the previous chapters advanced the relational conception against settlement accounts of constitutional war powers. But this does not mean that the relational conception denies the value of settlement. Rather, the relational conception contextualizes the value of settlement. Insofar as settlement theory claims to be an exclusive account of constitutional order, then, the relational conception dislodges its core premises. The first section engages this contextualization of settlement values. The next section explores “unsettlement,” conflict-producing accounts of constitutional authority, arguing that while the relational conception does not evade conflict, neither does it seek it. The conclusion then proceeds to interrogate the “political” qualities of the relational conception.

Keywords:   constitutional war powers, relational conception, settlement theory, constitutional authority

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