| Preface | |
| Ch. 1 | The Constitutional Framework | 3 |
| The Counterargument from Obsolescence | 5 |
| The Counterargument from Practice | 9 |
| Korea | 10 |
| Ch. 2 | Vietnam: The (Troubled) Constitutionality of the War They Told Us About | 12 |
| The Constitutionality of the Vietnam War, 1964-1973 | 13 |
| The American Ground Incursion into Cambodia, 1970 | 30 |
| The Repeal of the Tonkin Gulf Resolution, 1971 | 32 |
| The Continued Bombing of Cambodia, 1973 | 34 |
| Ch. 3 | Inducing Congress to Face Up to Its Constitutional Responsibilities | 47 |
| The Experience Since Vietnam | 48 |
| Can Anybody Here Fix This Thing? | 52 |
| Judicial "Remand" as a Corrective for Legislative Evasion | 54 |
| Ch. 4 | The (Unenforceable) Unconstitutionality of the "Secret War" in Laos, 1962-1969 | 68 |
| America's Role in the War in Laos | 69 |
| Defense 1: Because It Wasn't Fought by Our "Armed Forces," the Campaign in Laos Wasn't Covered by the Constitutional Requirement That Wars Be Authorized by Congress | 73 |
| Defense 2: The Tonkin Gulf Resolution Authorized the War in Laos | 75 |
| Defense 3: There Were Compelling Military Reasons Why Congress and the American Public Could Not Be Told About the War in Laos, and Thus Why Authorization Could Not Be Sought | 76 |
| Defense 4: In Fact the "Secret War" in Laos Was No Secret | 82 |
| What is the Remedy for a Secret War? | 93 |
| Ch. 5 | The (Enforceable) Unconstitutionality of the Secret Bombing of Cambodia, 1969-1970 | 98 |
| The Sihanouk Scenarios | 99 |
| What Is the Remedy for a Secret War in Which Congress Isn't Complicit? | 103 |
| Ch. 6 | "Covert" War Today | 105 |
| Have Covert Wars Been Congressionally Authorized En Masse? | 106 |
| Must Covert Wars Be Congressionally Authorized? | 108 |
| Have I Just Given Away the Store? | 109 |
| Appendix: Toward a War Powers (Combat Authorization) Act That Works | 115 |
| Provisions That Don't Do Any Good and Only Give the President an Excuse to Flout the Resolution | 115 |
| Strengthening the Potentially Operational Provisions | 120 |
| A Proposed Combat Authorization Act | 132 |
| Notes | 139 |
| Index | 239 |
