The Constitution in Wartime: Beyond Alarmism and Complacency

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Duke University Press, 2005 M01 26 - 261 páginas
Most recent discussion of the United States Constitution and war—both the war on terrorism and the war in Iraq—has been dominated by two diametrically opposed views: the alarmism of those who see many current policies as portending gross restrictions on American civil liberties, and the complacency of those who see these same policies as entirely reasonable accommodations to the new realities of national security. Whatever their contributions to the public discussion and policy-making processes, these voices contribute little to an understanding of the real constitutional issues raised by war. Providing the historical and legal context needed to assess competing claims, The Constitution in Wartime identifies and explains the complexities of the important constitutional issues brought to the fore by wartime actions and policies. Twelve prominent legal scholars and political scientists combine broad overviews of U.S. history and contemporary policy with detailed yet accessible analyses of legal issues of pressing concern today.

Some of the essays are broad in scope, reflecting on national character, patriotism, and political theory; exploring whether war and republican government are compatible; and considering in what sense we can be said to be in wartime circumstances today. Others are more specific, examining the roles of Congress, the presidency, the courts, and the international legal community. Throughout the collection, balanced, unbiased analysis leads to some surprising conclusions, one of which is that wartime conditions have sometimes increased, rather than curtailed, civil rights and civil liberties. For instance, during the cold war, government officials regarded measures aimed at expanding African Americans’ freedom at home as crucial to improving America’s image abroad.

Contributors. Sotirios Barber, Mark Brandon, James E. Fleming, Mark Graber, Samuel Issacharoff, David Luban, Richard H. Pildes, Eric Posner, Peter Spiro, William Michael Treanor, Mark Tushnet, Adrian Vermeule

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The constitution in wartime: beyond alarmism and complacency

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Tushnet (constitutional law, Georgetown Univ. Law Ctr.) has assembled 11 essays from legal scholars who largely paint a picture of constitutional rights subjugated during wartime. The Roman doctrine ... Leer comentario completo

The constitution in wartime: beyond alarmism and complacency

Crítica de los usuarios  - Not Available - Book Verdict

Tushnet (constitutional law, Georgetown Univ. Law Ctr.) has assembled 11 essays from legal scholars who largely paint a picture of constitutional rights subjugated during wartime. The Roman doctrine ... Leer comentario completo

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Contenido

Introduction
1
War and the American Constitutional Order
11
Emergencies and the Idea of Constitutionalism
39
Accommodating Emergencies
55
Maintaining and Expanding Civil Liberties in Wartime
95
Defending Korematsu? Reflections on Civil Liberties in Wartime
124
The War Powers outside the Courts
143
An Institutional Process Approach to Rights during Wartime
161
Realizing Constitutional and International Norms in the Wake of September 11
198
The War on Terrorism and the End of Human Rights
219
War Crisis and the Constitution
232
The Supreme Courts 2004 Decisions
249
About the Contributors
255
Index
257
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Mark Tushnet is Carmack Waterhouse Professor of Constitutional Law at Georgetown University Law Center. His many books include A Court Divided: The Rehnquist Court and the Future of Constitutional Law, The New Constitutional Order, Slave Law in the American South: State v. Mann in History and Literature, and Taking the Constitution Away from the Courts.

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