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Behavioral War Powers, Ganesh Sitaraman, David Zionts Jan 2015

Behavioral War Powers, Ganesh Sitaraman, David Zionts

Vanderbilt Law School Faculty Publications

A decade of war has meant a decade of writing on war powers. From the authority to start a war, to restrictions on fighting wars, to the authority to end a war, constitutional lawyers and scholars have explored the classic issues (war initiation, prosecution, and termination) through the classic prisms (text, history, and function) for a new generation of national security challenges. Despite the volume of writing on war powers and the urgency of the debates in the context of Iraq, Afghanistan, Libya, and Syria, war powers debates are widely seen as stagnant. We introduce a new set of perspectives …