Declaring War

Brien Hallett is an Associate Professor at the Matsunaga Institute for Peace at the University of Hawaii, Manoa, where he teaches courses in peace and conflict resolution, with a special interest in the thought of Gandhi, Martin Luther King and Vaclav Havel. His primary research interest is the declaration of war and the historical, legal, constitutional, moral and philosophical issues that surround it. Hallett is the author of The Lost Art of Declaring War (1998) and several encyclopedia articles.

1. A constitutional tyranny and presidential dictatorship; Part I. What Is the History?: 2. How the president declares war: the War of 1812; 3. Why the Congress ought not declare war: the Spanish-American War, 1898; 4. A plan for acquiescence: the War Powers Resolution of 1973; Part II. What Is a Declaration of War?: 5. Declaring and commanding: forms, functions, and relationships; 6. Lawful and unlawful declarations of war: quantity over quality; 7. Six possible structures; Part III. What Are the Solutions?: 8. A constitutional amendment; 9. A congressional work-around; Part IV. What Is the Theory?: 10. Bellum justum et pium: the rule of law and roman piety; 11. The rule of law: searching for ontology; 12. Senator Malcolm Wallop; Appendix I. Five congressional declarations of war and one appropriations act; Appendix II. The federative powers in parliamentary governments.