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The Constitution in Wartime: Beyond Alarmism and Complacency (Constitutional Conflicts)
 
 
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The Constitution in Wartime: Beyond Alarmism and Complacency (Constitutional Conflicts) [Hardcover]

Mark Tushnet (Editor)
4.0 out of 5 stars  See all reviews (1 customer review)

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Book Description

January 5, 2005 0822334569 978-0822334569
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



Editorial Reviews

Review

“The collection of essays in The Constitution in Wartime will enhance the quality and depth of the debate that surrounds many of the measures taken by our government in the war on terrorism. Mark Tushnet has written a fine introduction to a superb collection of essays by a top-notch group of scholars.”—William C. Banks, Laura J. and L. Douglas Meredith Professor, Syracuse University College of Law

About the Author

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.


Product Details

  • Hardcover: 272 pages
  • Publisher: Duke University Press Books (January 5, 2005)
  • Language: English
  • ISBN-10: 0822334569
  • ISBN-13: 978-0822334569
  • Product Dimensions: 9.1 x 6.1 x 0.9 inches
  • Shipping Weight: 1.1 pounds (View shipping rates and policies)
  • Average Customer Review: 4.0 out of 5 stars  See all reviews (1 customer review)
  • Amazon Best Sellers Rank: #5,036,014 in Books (See Top 100 in Books)

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0 of 2 people found the following review helpful:
4.0 out of 5 stars Amazon info incorrect, December 16, 2007
The editor of this book is Mark Tushnet. The other names listed above are contributors (as Tushnet is also). The book is well described in Tushnet's Introduction (pp. 1-7).
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Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
statist ratchet, libertarian ratchet, ratchet account, originalist evidence, executive unilateralism, panic thesis, constitutionalist order, panic rule, constitutional ends, institutional endorsement, panic theory, congressional authorization
Key Phrases - Capitalized Phrases (CAPs): (learn more)
United States, Supreme Court, Second World War, First World War, New York Times, Jehovah's Witnesses, Soviet Union, James Madison, Washington Post, Abraham Lincoln, Guantánamo Bay, Spanish-American War, Red Scare, West Coast, African Americans, Alexander Hamilton, Carl Schmitt, Chief Justice Rehnquist, David Cole, Judge Mukasey, Mark Tushnet, War Powers Resolution, Enemy Aliens, Francis Biddle, Oren Gross
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