A constitutional tyranny and presidential dictatorship -- How the president declares war : the War of 1812 -- Why the Congress ought not declare war : the Spanish-American War, 1898 -- A plan for acquiescence : the War Powers Resolution of 1973 -- Declaring and commanding : forms, functions, and relationships -- Lawful and unlawful declarations of war : quantity over quality -- Six possible structures -- A constitutional amendment -- A congressional work-around -- Bellum justum et pium : the rule of law and Roman "piety" -- The rule of law : searching for ontology

"Declaring War directly challenges the 200-year-old belief that the Congress can and should declare war. By offering a detailed analysis of the declarations of 1812, 1898 and the War Powers Resolution of 1973, the book demonstrates the extent of the organizational and moral incapacity of the Congress to declare war. This book invokes Carl von Clausewitz's dictum that 'war is policy' to explain why declarations of war are an integral part of war and proposes two possible remedies - a constitutional amendment or, alternatively, a significant reorganization of Congress. It offers a comprehensive historical, legal, constitutional, moral and philosophical analysis of why Congress has failed to check an imperial presidency. The book draws on Roman history and international law to clarify the form, function and language of declarations of war, and John Austin's speech act theory to investigate why and how a 'public announcement' is essential for the social construction of both war and the rule of law"--