1. James P. Pfiffner, The Modern Presidency, New York: St. Martin’s Press, 1998, p. 172.
2. The 2006 Quadrennial Defense Review used the term “long war” 30 times as a sobriquet for the war against terror-ism. See Quadrennial Defense Review Report, Washington, DC: The Department of Defense, February 6, 2006.
3. Roger H. Davidson and Walter J. Oleszek, Congress and Its Members, 8th Ed., Washington, DC: CQ Press, 2002, pp. 17-18.
4. U.S. Constitution, Article I, Section 8.
5. Noah Feldman, “Who Can Check the President?” The New York Times Magazine, January 8, 2006, p. 53.
6. Davidson and Oleszek, p. 19.
7. Available from www.whitehouse.gov/government/cabinet/html and www.whitehouse.gov/government/independent-agencies.html.
8. M. E. Sprengelmeyer, “Fed Hiring Spree,” Rocky Mountain News, January 26, 2004, p. 4A, available from Lexis-Nexus.
9. Robert Maranto, “Why the President Should Ignore Calls to Reduce the Number of Political Appointees,”
Heritage Foundation Backgrounder #1413, February 27, 2001, p. 3; available from www.heritage.org/Research/Government Reform/BG1413.cfm.
10. Eric Lichtblau, “Bush Restoring Cash Bonuses for Appointees,” The New York Times, December 4, 2002, p. 1A, available from Lexis-Nexus; Maranto, pp. 12-13.
11. Feldman.
12. Davidson and Oleszek, pp. 335-337.
13. W. Craig Bledsoe, Christopher J. Bosso, and Mark J. Rozell, “Chief Executive,” Powers of the Presidency, Wash-ington, DC: Congressional Quarterly Press (CQ Press), 1997, p. 7.
14. Stephen L. Robertson, “Executive Office of the President: White House Office,” Cabinets and Counselors, 2nd Ed., Washington, DC: CQ Press, 1997, p. 1.
15. Daniel C. Diller and Stephen H. Wirls, “Commander in Chief,” Powers of the Presidency, p. 164.
16. Richard E. Neustadt, Presidential Power and the Modern Presidents, New York: The Free Press, 1990, p. x.
17. Neustadt, pp. 10-11.
18. William Manchester, American Caesar: Douglas MacArthur 1880-1964, Boston, MA: Little, Brown and Co., 1978, pp. 637, 641. Manchester reported that letters and telegrams to the White House were running 20 to 1 in favor of MacArthur. A poll conducted by George Gallup revealed that 69 percent of voters backed MacArthur.
19. Neustadt, p. 23.
20. Bledsoe, Bosso, and Rozell, p. 45.
21. Ibid.
22. Neustadt, pp. 40-49.
23. Neustadt, pp. 33-40; George C. Edwards III, “Neustadt’s Power Approach to the Presidency,” Robert Y.
Shapiro, Martha Joynt Kumar, and Lawrence R. Jacobs, eds., Presidential Power: Forging the Presidency for the Twenty-First Century, New York: Columbia University Press, 2000, p. 10.
24. Edwin Corwin, The President: Office and Powers, New York: New York University Press, 1940, p. 200.
25. Robert P. Zoellick, “Congress and the Making of U.S. Foreign Policy,” Survival, Vol. 41, No. 4, Winter 1999/2000.
26. Drake Bennett, “Can Congress Matter? Congress, More Than the Court, Scholars Say, Is the Branch That’s Sup-posed to Keep Executive Power in Check,” The Boston Globe, January 15, 2006, p. K1.
27. See Adam Liptak, “Court in Transition: Legal Context,” The New York Times, January 10, 2006, p. A1.
28. Lee H. Hamilton with Jordan Tama, A Creative Tension: The Foreign Policy Roles of the President and Congress, Washington, DC: Woodrow Wilson Center Press, 2002, pp. 8-9.
29. David Rogers, “Executive Privilege: Assertive President Engineers a Shift In Capital’s Power—Bush Gains Broad Authority to Wage War on Terrorism From a Divided Congress,” The Wall Street Journal, October 22, 2002.
30. Hamilton, pp. 60-61, 66.
31. James W. Davis, The American Presidency, Westport, CT: Praeger, 1995, pp. 226-228. Indeed President Nixon did not consult Congress when he ordered the invasion of Cambodia in 1970.
32. Hamilton, p. 11.
33. See Davis, pp. 229-230; and Hamilton, pp. 11-13.
34. The War Powers Act passed over President Nixon’s veto by 284-135 in the House and 75-18 in the Senate.
35. Bennett, “Can Congress Matter?”
36. Davidson and Oleszek, p. 418.
37. Adam Liptak, “2 Laws and Their Interpretation in Limelight at Wiretap Hearing,” The New York Times, February 7, 2006, p. A1.
38. Ibid.
39. Ari Shapiro, “Mukasey, Senators Revisit Torture Debate,” reported on National Public Radio, Morning Edi-tion, January 31, 2008.
40. Senator Arlen Specter, cited in “Mukasey, Senators Revisit Torture Debate.”
41. Paul J. Quirk, “Presidential Competence,” Michael Nelson, ed., The Presidency and the Political System, Washing-ton, DC: CQ Press, See entire chapter.
42. Ibid., p. 176.
43. See Alexander L. George Presidential Decisionmaking in Foreign Policy: The Effective Use of Information and Advice, Boulder, CO: Westview Press, 1980; and Irving Janis, Groupthink: Psychological Studies of Policy Decisions and Fiascoes, 2nd Ed., Boston, MA: Houghton Mifflin, 1982.
44. Quirk, p. 182.
45. Hamilton specifically cites the cases of Haiti, Bosnia, Kosovo, and Afghanistan as recent examples in U.S.
foreign policy. See pp. 43-47.
46. The George W. Bush administration has cited such arguments in national security related matters, but also in response to congressional attempts to investigate the failed governmental response to Hurricane Katrina. See Eric Lipton, “White House Declines to Provide Storm Papers,” The New York Times, January 25, 2006, p. A1.
47. Mark A. Peterson, “The President and Congress,” in The Presidency and the Political System, p. 443. Many schol-ars dispute the President’s power to commit forces to combat without congressional authorization, which was never tested in the courts. See Pfiffner, pp. 180-182.
48. The resolution states, “The President is authorized to use the armed forces of the United States as he deter-mines to be necessary and appropriate in order to defend the national security of the United States against the continu-ing threat posed by Iraq.” George C. Wilson, “Congress Repeatcontinu-ing Tonkin Gulf Gamble,” National Journal, October 26, 2002.
49. Senator Edward M. Kennedy, cited in Janet Hook, “Congress Debates War Plans,” Los Angeles Times, October 9, 2002, p. 1.
50. Michael I. Myerson, “Decision on War Belongs to Congress,” The Baltimore Sun, October 9, 2002.
51. Senate Minority Leader Tom Daschle, quoted in Dana Milbank, “For Many, A Resigned Endorsement,” The Washington Post, October 11, 2002, p. 6; George C. Wilson, “Congress Repeating Gulf of Tonkin Gamble.”
52. Janet Hook, “On Iraq, Congress Cedes All the Authority to Bush,” The Los Angeles Times, March 9, 2003, p. 1.
53. Rogers.
54. As cited in Rogers.
55. Reported on CNN’s “Inside Politics,” September 24, 2003.
56. Andrea Stone, “Senators Grill Defense Official About Iraq Price Tag,” USA Today, September 10, 2003, p. 4A.
57. David Kay reported on National Public Radio, Weekend Edition, January 25, 2004; David Kay, Testimony before the Senate Armed Services Committee, January 28, 2004.
58. Michael Duffy, “So Much for the WMD,” Time, February 9, 2004; available from www. Time.com.
59. Jonathan Riskind, “Intelligence Flaws Leave DeWine Unsure About War Vote,” The Columbus Dispatch, Janu-ary 30, 2004, p. 3A.
60. Walter Pincus, “Kerry: Bush Misled Congress,” The Washington Post, January 26, 2004, p. A13.
61. Lawrence B. Lindsey, CNNmoney.com, “What the Iraq War Will Cost the US,” available from money.
com/2008/01/10/news/economy/costofwar.fortune.
62. Scott Shane, “Behind Power, One Principle,” The New York Times, December 17, 2005, p. A1.
63. Fred Barnes, “Bush Speaks, Congress Salutes: How He Routed His Domestic Opposition,” The Weekly Standard, October 21, 2002.
CHAPTER 6