Post by Sapphire Capital on Aug 20, 2008 21:04:04 GMT 4
The Glorious Commander-in-Chief
Adrian Vermeule
Harvard University - Harvard Law School
August 6, 2008
Harvard Public Law Working Paper No. 08-18
Abstract:
I examine the executive's power as Commander-in-Chief (or "CINC") of the armed forces, and the resulting problems for constitutional design and interpretation. Drawing upon Machiavelli's analysis, I attempt to state an economy of glory: an account of the benefits and costs of executive glory-seeking, and an account of how glory-seeking motivations on the part of the CINC can best be harnessed to the public interest. I then ask how the American national constitution should be interpreted in light of the economy of glory. I conclude that the optimal constitutional regime is one in which the executive is constrained in initiating conflicts, but not constrained in carrying them out.
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1212843_code555131.pdf?abstractid=1207942&mirid=1
Adrian Vermeule
Harvard University - Harvard Law School
August 6, 2008
Harvard Public Law Working Paper No. 08-18
Abstract:
I examine the executive's power as Commander-in-Chief (or "CINC") of the armed forces, and the resulting problems for constitutional design and interpretation. Drawing upon Machiavelli's analysis, I attempt to state an economy of glory: an account of the benefits and costs of executive glory-seeking, and an account of how glory-seeking motivations on the part of the CINC can best be harnessed to the public interest. I then ask how the American national constitution should be interpreted in light of the economy of glory. I conclude that the optimal constitutional regime is one in which the executive is constrained in initiating conflicts, but not constrained in carrying them out.
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1212843_code555131.pdf?abstractid=1207942&mirid=1