This book about Presidential War Power is by a man who at the time of writing was a "Senior Specialist in Separations of Powers at the Congressional Service, Library of Congress." The book was assigned reading for a political science course on the American Presidency taken in college. The book is dedicated: To the republican principle that reserves war-making to the legislature. The founders believed that it was the executive that was most prone to go to war, and so deliberately vested that power in Congress--not the presidency. As Fisher relates, the powers as "Commander-in-Chief" only implies the president has the "duty to repel sudden attacks" as an emergency measure and was designed to be limited in scope.

Fisher gives us an overview of how the war-making powers were increasingly encroached upon by presidents, often aided and abetted by overreaching Supreme Courts. There are some exceptions--Fisher mentions about how President Cleveland actually resisted a bellicose Congress who wanted to declare war against Spain contrary to his wished, and Fisher praises President Eisenhower for the way he consulted and sought the approval of Congress for military actions (although his record in covert actions was different). All in all, ever since President Truman and the Korean War, presidents have gone well beyond what the Congress authorized and have tried to push their powers beyond constitutional limits. Fisher makes several proposals to curb the abuses.

And Fisher is still around. I found this article arguing against giving Obama too much scope in Syria. ( )