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 an
Chapter
Mark E. Brandon: War and the American Constitutional Order
Mark E. Brandon: War and the American Constitutional Order
Mark E. Brandon: War and the American Constitutional Order
Mark E. Brandon: War and the American Constitutional Order
Mark Tushnet: Emergencies and the Idea of Constitutionalism
Mark Tushnet: Emergencies and the Idea of Constitutionalism
Mark Tushnet: Emergencies and the Idea of Constitutionalism
Mark Tushnet: Emergencies and the Idea of Constitutionalism
Eric A. Posner and Adrian Vermeule: Accomodating Emergencies
Eric A. Posner and Adrian Vermeule: Accomodating Emergencies
Eric A. Posner and Adrian Vermeule: Accomodating Emergencies
Eric A. Posner and Adrian Vermeule: Accomodating Emergencies
Mark A. Graber: Counter-Stories: Maintaining and Expanding Civil Liberties in Wartime
Mark A. Graber: Counter-Stories: Maintaining and Expanding Civil Liberties in Wartime
Mark A. Graber: Counter-Stories: Maintaining and Expanding Civil Liberties in Wartime
Mark A. Graber: Counter-Stories: Maintaining and Expanding Civil Liberties in Wartime
Mark Tushnet: Defending "Korematsu?" Reflections on Civil Liberties in Wartime
Mark Tushnet: Defending "Korematsu?" Reflections on Civil Liberties in Wartime
Mark Tushnet: Defending "Korematsu?" Reflections on Civil Liberties in Wartime
Mark Tushnet: Defending "Korematsu?" Reflections on Civil Liberties in Wartime
William Michael Treanor: The War Powers outside the Courts
William Michael Treanor: The War Powers outside the Courts
William Michael Treanor: The War Powers outside the Courts
William Michael Treanor: The War Powers outside the Courts
Samuel Issacharoff and Richard H. Pildes: Between Civil Libtertarianism and Executive Unilateralism: An Institutional Process Approach to Rights during Wartime
Samuel Issacharoff and Richard H. Pildes: Between Civil Libtertarianism and Executive Unilateralism: An Institutional Process Approach to Rights during Wartime
Samuel Issacharoff and Richard H. Pildes: Between Civil Libtertarianism and Executive Unilateralism: An Institutional Process Approach to Rights during Wartime
Samuel Issacharoff and Richard H. Pildes: Between Civil Libtertarianism and Executive Unilateralism: An Institutional Process Approach to Rights during Wartime
Peter J. Spiro: Realizing Constitutional and International Norms in the Wake of September 11
Peter J. Spiro: Realizing Constitutional and International Norms in the Wake of September 11
Peter J. Spiro: Realizing Constitutional and International Norms in the Wake of September 11
Peter J. Spiro: Realizing Constitutional and International Norms in the Wake of September 11
David Luban: The War on Terrorism and the End of Human Rights
David Luban: The War on Terrorism and the End of Human Rights
David Luban: The War on Terrorism and the End of Human Rights
David Luban: The War on Terrorism and the End of Human Rights
Sotirios A. Barber and James E. Fleming: War, Crisis, and the Constitution
Sotirios A. Barber and James E. Fleming: War, Crisis, and the Constitution
Sotirios A. Barber and James E. Fleming: War, Crisis, and the Constitution
Sotirios A. Barber and James E. Fleming: War, Crisis, and the Constitution
Mark Tushnet: Afterword: The Supreme Court's 2004 Decisions
Mark Tushnet: Afterword: The Supreme Court's 2004 Decisions
Mark Tushnet: Afterword: The Supreme Court's 2004 Decisions
Mark Tushnet: Afterword: The Supreme Court's 2004 Decisions
The Constitution in Wartime
：Beyond Alarmism and Complacency
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