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Article: Rational war and constitutional design.(Symposium on Executive Power)
- Article from:
- The Yale Law Journal
- Article date:
- July 1, 2006
- Author:
CopyrightCOPYRIGHT 2006 Yale University, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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ESSAY CONTENTS
INTRODUCTION
I. FUNCTIONAL PURPOSES OF THE WARMAKING SYSTEM
II. THE DOMESTIC LEVEL
A. Political Accountability
B. Accuracy
III. THE INTERNATIONAL LEVEL
A. Informational Advantages and the Democratic Peace
B. Legislative Authorization as Costly Signaling
C. Regime Types and the Varying Value of Costly Signals
D. The Dangers of Judicial Intervention
IV. RESPONSE TO DEAN KOH
CONCLUSION
INTRODUCTION
The issue of war powers, more specifically the question of whether the President or Congress holds the power to initiate military hostilities, remains one of the most controversial and unsettled ...