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Author: Brien Hallett

Abstract

Declarations of war are declarative speech acts. Hence, the primary purpose of this chapter is to move beyond the lexical or dictionary meaning so as to discover the moral and procedural structure of declarative speech acts. To do this, the point of departure is a brief exploration of the relationship between the declaring and waging war. Why declare war if most wars are “undeclared?”

A secondary purpose is to explain and understand the moral and procedural implications of various foundational American texts: the American Constitution’s Declare War Clause and the declarations of war reproduced in Appendix A, as well as those reproduced in Appendices B and C.

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In: Nurturing the Imperial Presidency
In: Nurturing the Imperial Presidency
In: Nurturing the Imperial Presidency
In: Nurturing the Imperial Presidency
In: Nurturing the Imperial Presidency
In: Nurturing the Imperial Presidency
In: Nurturing the Imperial Presidency
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In: Nurturing the Imperial Presidency
Author: Brien Hallett

Abstract

This chapter shifts from discussing the incapacity of legislatures to intend/decide and draft/declare war to defining the contested terms “armed conflict,” war, and declarations of war. Disaster declarations and the 1931 Mukden Incident are employed as contrastive examples, among others.

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In: Nurturing the Imperial Presidency
Author: Brien Hallett

Abstract

An historical account of executive war-making and the rise of elected constitutional monarchies is used to distinguish democratic politics from republican constitutions. The account moves from the ancient concepts of power and majesty to the medieval concept of sovereignty. Jean Bodin, John Locke, and Montesquieu’s confusion over the functional analysis of “sovereignty” is then leveraged to explain, in part, the incapacity of legislatures to decide and declare war.

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In: Nurturing the Imperial Presidency