The doctrine of double effect in military planning requires
a. jus ad bellum and jus in bello. c. proportionality and destruction.
b. discrimination and proportionality. d. discrimination and destruction.
In his famous concurring opinion to Youngstown Sheet & Tube Co v. Sawyer (343 US 579), Justice Robert Jackson established a three-tiered hierarchy of legitimate presidential actions. Which of these is known as the zone of twilight?
a. When the president acts pursuant to congressional authorization
b. When the president acts against the express or implied will of Congress
c. When the president acts without either a congressional grant or denial of authority
d. When the president acts pursuant to an official grant of authority by Congress but against its implied will
In the just war tradition, proportionality
a. refers to the principle of noncombatant immunity.
b. implies that the harm done by an act may not be disproportionate to the good sought or the evil to be avoided.
c. implies that war should be engaged only as a last resort after diplomacy and negotiation have failed.
d. implies that war is justifiable when waged against class oppression or national subjugation.
Although Americans commonly understand the distribution of power between Congress and the President as a separation of powers, the Constitution actually establishes __________which is what is meant by checks and balances.. For example, while the Congress provides military funding and declares war, the president is the commander in chief.
a. balance of power c. clear distinctions between the branches
b. separate institutions sharing power d. a weak legislative branch
_____ refers to the requirement that combatants respect the immunity of noncombatants, whereas _____ refers to the requirement that military actions not impose costs that are not justified.
a. Double effect; discrimination c. Proportionality; discrimination
b. Discrimination; proportionality d. Discrimination; double effect
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