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The Law: Scholarly Support for Presidential Wars
Author(s) -
FISHER LOUIS
Publication year - 2005
Publication title -
presidential studies quarterly
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.337
H-Index - 5
eISSN - 1741-5705
pISSN - 0360-4918
DOI - 10.1111/j.1741-5705.2005w.00266.x
Subject(s) - presidential system , presidency , constitution , political science , power (physics) , law , politics , separation of powers , declaration , physics , quantum mechanics
For the past half‐century, political scientists and historians have given much intellectual support to the growth of presidential power. They have imbued the presidency with magical qualities of expertise and good intentions, motivated by the “national interest” rather than the local and parochial ambitions that supposedly drive members of Congress. In this decision to concentrate power in the president, scholars gave short shrift to legal boundaries and constitutional principles, including checks and balances and separation of powers. Supported by the academic community, presidents now regularly claim that the Constitution allows them to wage war against other countries without receiving either a declaration or authorization from Congress.