Restoring the Balance: War Powers in an Age of Terror

By: Seth Weinberger

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Synopsis: Since 9/11, one of the most dominant issues in American politics has been: what exactly is a war on terror and who is in charge of it? Previous books on this topic have fallen off the horse on either side: on the right, making military actions under the Bush administration equal to previous declared wars and ceding too much war-making power to the presidency or on the left, requiring congressional approval for any national security steps at all, contradicting much of American historical precedent. Weinberger presents a novel understanding of the Declare War clause of the Constitution (Article 1, Section 8), filtering it through the AUMFs passed by Congress since 9/11 and concluding that the Presidency has wide latitude and autonomy in the overseas theaters, but not on the domestic front.