The power to make war: Congress' search for an effective role

In the heat of Vietnam and Watergate, Congress sought to develop a more effective role in decisions about the use of the armed forces in combat or in potential combat situations. The War Powers Resolution passed in November 1973 was the solution Congress devised to this problem. But the War Powers Resolution has fallen well short of the hoped-for partnership; the most momentous issue to confront the nation-to wage war or not to wage war-still does not effectively engage Congress. Whether such a role is possible for Congress in a system that is built on checks and balances is quite uncertain. Some improvements over the present situation are proposed; but it remains evident that the power to make war will rest primarily in the office of the president.     

A comparative view of indigenous citizenship issues

Following the Wik decision it is being suggested that Australia ought now to revisit the translation of special legal norms formulated in international law with respect to the human rights of indigenous citizens. These have previously underpinned developments in both Australia and Scandinavia with respect to indigenous people. Recent Australian developments, particularly the struggle over indigenous property rights, exemplify the argument of O'Neill (1997) in the first volume of Citizenship Studies, which points to the absorption of civic autonomy by market sovereignty. O'Neill is correct to suggest that the dominance of market sovereignty reduces the political participation of those incapable of the competitive struggle for private affluence and that this has a squalid dimension. Central to this is the denial of the notion of community and dominance of the market. This dominance has obscured the significance of the Australian High Court's recognition of aboriginal land rights in Mabo. The decision put the incorrect application of terra nullius—or no man's land—to Australia to rights. It made it possible for the nation to contemplate indigenous sovereignty consequent upon the recognition of native title property rights. Australia's translation of those rights with the Native Title Act 1993 (Cth) looked to international law for its rationale. The rights of the Sami people have been developed in Scandinavia largely with reference to the evolution of international law on indigenous peoples. As we approach 2000, Australia cannot continue to ignore the special legal norms in international law relating to citizenship of indigenous peoples. International law informs attempts by indigenous people in modern times to regain some of what they lost in the past.