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War and Responsibility:
Constitutional Lessons of Vietnam and Its Aftermath
John Hart Ely

Book Description | Reviews


Ch. 1The Constitutional Framework3
The Counterargument from Obsolescence5
The Counterargument from Practice9
Ch. 2Vietnam: The (Troubled) Constitutionality of the War They Told Us About12
The Constitutionality of the Vietnam War, 1964-197313
The American Ground Incursion into Cambodia, 197030
The Repeal of the Tonkin Gulf Resolution, 197132
The Continued Bombing of Cambodia, 197334
Ch. 3Inducing Congress to Face Up to Its Constitutional Responsibilities47
The Experience Since Vietnam48
Can Anybody Here Fix This Thing?52
Judicial "Remand" as a Corrective for Legislative Evasion54
Ch. 4The (Unenforceable) Unconstitutionality of the "Secret War" in Laos, 1962-196968
America's Role in the War in Laos69
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 Congress73
Defense 2: The Tonkin Gulf Resolution Authorized the War in Laos75
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 Sought76
Defense 4: In Fact the "Secret War" in Laos Was No Secret82
What is the Remedy for a Secret War?93
Ch. 5The (Enforceable) Unconstitutionality of the Secret Bombing of Cambodia, 1969-197098
The Sihanouk Scenarios99
What Is the Remedy for a Secret War in Which Congress Isn't Complicit?103
Ch. 6"Covert" War Today105
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 Works115
Provisions That Don't Do Any Good and Only Give the President an Excuse to Flout the Resolution115
Strengthening the Potentially Operational Provisions120
A Proposed Combat Authorization Act132

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File created: 4/21/2017

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