To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure no-reply@cambridge.org
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Chapter 10 shows how Vietnam exposed the limits of existing constitutional war-powers practices and set the terms of the postwar reforms. The Gulf of Tonkin Resolution and later appropriations enabled a strategy of gradual escalation, while executive secrecy helped widen the battlefield into Laos and Cambodia. The chapter traces the legal rationales that treated escalation and cross-border operations as commander-in-chief choices, and it examines how Congress, once committed, was slow but ultimately able to constrain the war through hearings, statutory limits, and proposed restrictions. Courts largely refused to adjudicate the war’s legality so long as there was some mutual participation by the political branches, leaving Congress as the decisive checker. In Vietnam’s aftermath, lawmakers pursued reforms that narrowed attention to war initiation through the War Powers Resolution and expanded intelligence oversight through the Hughes-Ryan Amendment and the Church Committee; they also joined the Executive in ending the draft and building an all-volunteer force. These reforms reflected a period of restraint, and later activism would strain them again.
Chapter 13 synthesizes the book’s core claim: American constitutional war powers are not a single “start” switch but an interlocking system of authorities that shapes whether wars occur, who fights them, how and where force is used, how war aims evolve, and how wars end. It outlines how a possible future war with China would involve or test all of these powers. The chapter argues that powers to initiate hostilities are inseparable from powers for organizing forces, posturing and threatening, setting objectives, funding, oversight, and defining the terms of peace. It reframes the “imperial presidency” narrative by showing that while presidential initiative has expanded, Congress’s capacities have grown as well – especially through force-building, appropriations, and peacetime institutional design – and that many of the most consequential shifts were joint. It explains why originalism is inadequate: later military capacity, alliances, covert action, and technology forced constitutional accommodations the Founding generation could not specify. At the same time, it rejects the view that war-powers law is merely politics or necessity, emphasizing how law constrains strategy. Finally, it argues that durable reform lies less in rigid restrictions on the use of force than in strengthening Congress’s strategic guidance and oversight, especially as future conflicts further blur the line between peace and war.
The epilogue, written in late 2025 during the opening year of Donald Trump’s second term, reflects the unease of finishing a book on war powers as presidential authority is asserted aggressively at home and abroad. Trump’s use of military force, emergency statutes, and National Guard deployments tests constitutional boundaries and revives fears – familiar to the Framers – that war powers can erode democratic self-government. Yet the epilogue resists both normalization and panic. By situating Trump’s actions alongside earlier episodes from Washington to Biden, it shows that many controversial uses of military power have precedents or precursors, even as red lines remain uncrossed. It emphasizes that constitutional checks often reemerge slowly – through legislation, litigation, and political pressure – and that their effects are often felt through the strategic environments created by the exercise of war powers.
Recommend this
Email your librarian or administrator to recommend adding this to your organisation's collection.