Balkinization  

Friday, January 16, 2015

Griffin on Zeisberg and the Defensive War Theory

Stephen Griffin

Last October Jim Fleming of BU was kind enough to host me and Mariah Zeisberg for a conference on our recent books on presidential war powers.  I've posted my conference paper to SSRN, commenting on similarities and differences between our books.  The paper also independently includes a substantial critique of the "Hamiltonian" version of the defensive war theory, a key pillar of presidentialist approaches to war powers.  That part of the paper is not meant to be a critique of Mariah's excellent book.  It's just that reading her book reminded me that I could have said more about the defensive war theory in my own book Long Wars and the Constitution.

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