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- catalog abstract "The Vietnam War and the Watergate aftermath made it apparent that the increase in executive power which followed World War II needed to be redressed. Congress tried to balance the separation of powers by passing a number of laws that were designed to assert legislative authority in foreign policy. However, the efforts by Congress to achieve its stated objectives consistently failed. Using the struggle over power and control of American foreign policy, Silverstein details the interaction of the executive, legislative, and judicial branches, and traces the altering of the constitutional touchstone of separation of powers. The book argues that although it is unrealistic to expect members of Congress or the Supreme Court Justices to change their behavior, either toward the executive branch or toward one other, it is in the President's best political interest to encourage a legislative role in foreign policy decisions. Demonstrating the importance of studying both the legal and political process, and the ways in which they influence each other, Silverstein contends that an understanding of American foreign policy requires an awareness of the way in which constitutional interpretation shapes and constrains foreign policy decisions. This volume will be of interest to all students of American foreign policy, constitutional analysis, and American government, as well as to politicians and informed readers with an interest in contemporary politics and constitutional debate.".
- catalog contributor b8940431.
- catalog coverage "United States Foreign relations Law and legislation.".
- catalog created "1997.".
- catalog date "1997".
- catalog date "1997.".
- catalog dateCopyrighted "1997.".
- catalog description "I. Introduction -- II. Constitutional Interpretation and Foreign Policy: The Traditional Interpretation. 1. The Traditional Interpretation in Court. 2. The Executive and the Traditional Interpretation -- III. A New Interpretation Evolves: Executive Prerogative in Foreign Policy. 3. Congress, the Executive, and the Emergence of Prerogative Power in Foreign Policy. 4. Johnson, Nixon, and the Assertion of Executive Prerogative. 5. Lending Legitimacy to the Prerogative Interpretation: Prerogative Power in Court -- IV. Why Statutes Don't Work: Congress Strikes Back, and Makes It Worse. 6. The Legislative Response: Legal Solutions to Political Problems. 7. The Legislative Response: Building Foreign Policy on the War Powers Model -- V. Political Solutions to a Political Problem: Incentives to Rebalance Power. 8. Why the Courts Won't Save Congress Overseas -- Or at Home. 9. Incentives to Rebalance Power -- VI. Conclusion.".
- catalog description "Includes bibliographical references (p. 255-270) and index.".
- catalog description "The Vietnam War and the Watergate aftermath made it apparent that the increase in executive power which followed World War II needed to be redressed. Congress tried to balance the separation of powers by passing a number of laws that were designed to assert legislative authority in foreign policy. However, the efforts by Congress to achieve its stated objectives consistently failed. Using the struggle over power and control of American foreign policy, Silverstein details the interaction of the executive, legislative, and judicial branches, and traces the altering of the constitutional touchstone of separation of powers. The book argues that although it is unrealistic to expect members of Congress or the Supreme Court Justices to change their behavior, either toward the executive branch or toward one other, it is in the President's best political interest to encourage a legislative role in foreign policy decisions. Demonstrating the importance of studying both the legal and political process, and the ways in which they influence each other, Silverstein contends that an understanding of American foreign policy requires an awareness of the way in which constitutional interpretation shapes and constrains foreign policy decisions. This volume will be of interest to all students of American foreign policy, constitutional analysis, and American government, as well as to politicians and informed readers with an interest in contemporary politics and constitutional debate.".
- catalog extent "xi, 276 p. ;".
- catalog identifier "0195104765 (alk. paper)".
- catalog identifier "0195104773 (pbk. : alk. paper)".
- catalog issued "1997".
- catalog issued "1997.".
- catalog language "eng".
- catalog publisher "New York : Oxford University Press,".
- catalog spatial "United States Foreign relations Law and legislation.".
- catalog spatial "United States.".
- catalog subject "342.73/0412 347.302412 20".
- catalog subject "Constitutional law United States.".
- catalog subject "Executive power United States.".
- catalog subject "KF4651 .S72 1997".
- catalog subject "Separation of powers United States.".
- catalog subject "United States. Congress Powers and duties.".
- catalog tableOfContents "I. Introduction -- II. Constitutional Interpretation and Foreign Policy: The Traditional Interpretation. 1. The Traditional Interpretation in Court. 2. The Executive and the Traditional Interpretation -- III. A New Interpretation Evolves: Executive Prerogative in Foreign Policy. 3. Congress, the Executive, and the Emergence of Prerogative Power in Foreign Policy. 4. Johnson, Nixon, and the Assertion of Executive Prerogative. 5. Lending Legitimacy to the Prerogative Interpretation: Prerogative Power in Court -- IV. Why Statutes Don't Work: Congress Strikes Back, and Makes It Worse. 6. The Legislative Response: Legal Solutions to Political Problems. 7. The Legislative Response: Building Foreign Policy on the War Powers Model -- V. Political Solutions to a Political Problem: Incentives to Rebalance Power. 8. Why the Courts Won't Save Congress Overseas -- Or at Home. 9. Incentives to Rebalance Power -- VI. Conclusion.".
- catalog title "Imbalance of powers : constitutional interpretation and the making of American foreign policy / Gordon Silverstein.".
- catalog type "text".