Page 17

Update item information
Title Ends and means in conflict
Subject Nuclear warfare--Moral and ethical aspects; War--Moral and ethical aspects; War--Religious aspects; War and emergency powers--United States; Ends and means
Description The 49th Annual Frederick William Reynolds Lecture.
Creator Firmage, Edwin Brown
Publisher Division of Continuing Education, University of Utah
Date 1987-10-15
Date Digital 2008-05-29
Type Text
Format application/pdf
Digitization Specifications Original scanned on Epson Expression 10000XL flatbed scanner and saved as 400 ppi uncompressed tiff. Display images generated in PhotoshopCS and uploaded into CONTENTdm Aquisition Station.
Resource Identifier,1147
Source U263 .F57 1987
Language eng
Relation Digital reproduction of "Ends and means in conflict," J. Willard Marriott Library Special Collections
Rights Digital Image Copyright University of Utah
Metadata Cataloger Seungkeol Choe; Ken Rockwell
ARK ark:/87278/s6x34vfm
Setname uu_fwrl
Date Created 2008-07-29
Date Modified 2008-07-31
ID 320434
Reference URL

Page Metadata

Title Page 17
Description ENDS AND MEANS IN CONFLICT 17 sions alone to be insufficient. Congress responded to this realization by passing the War Powers Resolution of 1978 and the Intelligence Authorization Act of 1981, in order to provide a means of congressional control and oversight over the power to initiate hostilities and over the intelligence gathering process.27 D. Power Over Foreign Relations The power of Congress over the conduct of foreign relations rests upon many constitutional statements of sweeping empowerment. Congress may lay and collect taxes for the common defense, regulate commerce among the nations, define and punish offenses against the law of nations, declare war and grant letters of marque and reprisal, raise and support armies, provide and maintain a navy, make rules for the government of land and naval forces, provide for organizing and calling out the militia, and establish forts and arsenals;28 the Senate as well has a collegial responsibility with the president in making treaties. Congress finally has the power to make all laws necessary and proper to accomplish these enumerated objectives. Presidential text is limited to three statements: he (or she) is Commander-in-Chief,29 he possesses executive power,30 and he is to "take care" that the laws of Congress are faithfully executed.31 As 27 The Intelligence Authorization Act of 1981 imposes duties on executive branch officials, in particular the Central Intelligence Agency: (1) to keep the congressional intelligence committees "fully and currently informed" of intelligence activities; (2) to provide prior notification of "significant anticipated intelligence activities," chiefly covert operations; (3) to furnish any information or materials requested by the intelligence committees concerning intelligence activities; and (4) to "report in a timely fashion" on any illegal intelligence activities or significant intelligence failures. The Neutrality Act, an additional restriction on executive military discretion, has existed since 1794. Congress passed the Neutrality Act to prevent foreign interference in United States affairs and to strengthen the authority of the central government in respect to its citizens. The Act was also designed to further the war powers of Congress. The Act accomplishes this by denying the executive the power unilaterally to authorize hostile expeditions and foreign recruiting, and the discretion not to enforce the statute's prohibitions. By doing this, the Neutrality Act reaffirms the original constitutional intent of collegiality, ensuring that no individual is allowed to threaten the peace by unilateral acts of warfare. See Lobel, The Rise and Decline of the Neutrality Act: Sovereignty and Congressional War Powers in United States Foreign Policy, 24 Harvard International Law Journal 1 (1983). 28 U.S. Constitution article I, § 8. 29 U.S. Constitution article II, § 2. 30 U.S. Constitution article II, § 1. 31 U.S. Constitution article II, § 3.
Format application/pdf
Identifier 020-RNLT- firmageE_ Page 17.jpg
Source Original Manuscript: Ends and means in conflict by Edwin B. Firmage.
Setname uu_fwrl
Date Created 2008-07-29
Date Modified 2008-07-29
ID 320401
Reference URL