Presidential War Power

by Louis Fisher

A classic and bestselling work by one of America's top Constitutional scholars, Presidential War Power garnered the lead review in the New York Times Book Review and raised essential issues that have only become more timely, relevant, and controversial in our post-9/11 era.

In this third edition, Louis Fisher updates his arguments throughout, critiques the presidential actions of George W. Bush and Barack Obama, and challenges what he views as their dangerous expansion of executive power. Spanning the life of the Republic from the Revolutionary Era to the War on Terror, the new edition covers for the first



n Indefinite detention of civilians and non-civilians without trial

n President Obama's failed effort to close Guantánamo

n NSA wiretapping and Fourth Amendment violations

n Presidential decision-making relating to the wind-down of the wars in Iraq and Afghanistan

n U.S. military operations against Libya in 2011

n Continued abuse of the state secrets privilege in national security court cases

n Secret legal memos justifying the use of UAVs or drones for targeted killings overseas

n Extended comparison of the expansion of executive power under George W. Bush and Barack Obama

Genres: Politics, History, Political Science, Nonfiction, Law, Presidents, American

400 pages, Paperback

First published January 1, 1995

Reviews

[Hunter Starr]

A strong argument for the limitation of Presidential War Powers. The author sometimes sounds downright exasperated with the expansion of executive power, and historical precedent supports this frustration. The big takeaway: Congress needs to reassert itself into the difficult position of deciding when the US goes to war and with whom.

Caveat: do not read this book from the perspective of one political party. The bias against expansion of executive power may be diluted and misunderstood. Fisher takes all parties involved to task for constitutional slippage. Read with the mindset of a founding member of the US reading a modern history book.

[Matt]

I'm right in the middle of 3 and 4 stars with this one so I'll give it the benefit of the doubt with 4. The book was extremely interesting and well argued. So well argued that I'd say the central tenant of the book, that the power of the president to wage war unilaterally has grown beyond what it is constitutional, legal, or wise, is indisputable. The book spans the whole of US history to the Obama Administration so it is a comprehensive account of the slow but increasing (since WW2) cession of war powers from the congress to the President and I strongly recommend it to anyone with political or even military/military history interests.

I have 2 main complains. First, the book shows anti-war bias beyond the merely anti-illegal wars argument I think it is really trying to make. It isn't severe but is definitely noticeable, and I think it makes the legality point so well introduces other biases just detracts from that. Second, it often references that courts refuse to rule on many decisions brought by citizens or legislators throughout the book, but without really explaining why until the final chapter. I don't think that the given explanations are enough for the average reader. I think the layman comes away from this book feeling tha the courts are weak and bordering on useless in what seems to be logical checks on executive expansion clearly laid out in the constitution, and that does not seem to be the author's goal.

Overall it is definitely a good read for those interested in politics, law, or military affairs. Give it a try.

[Ezra]

If cries of "no war for oil" and "Impeach Bush" feel a bit shallow, albiet well intentioned, this book will provide you the proper historical background for just how far President Bush stepped over the line with our most recent forray in the Middle East.

This is an academic text though, so it's slow going.

[Daniel]

this guy wrote the book on presidential war power. looks closely at the constitutional limits to the Pres, both as intended and in practice. Provides the history, but is pretty boring.

[Ariana]

For anyone who is interested to know what powers are actually delegated to the executive branch vs. what power the executive branch took (with congressional consent).

[Christian Lindke]

Politics