Waging War on Trial: A Handbook with Cases, Laws, and Documents

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A thought-provoking and engaging guide to the legal, moral, and political issues that arise when the United States goes to war.
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Product Details

  • ISBN-13: 9780872207394
  • Publisher: Hackett Publishing Company, Inc.
  • Publication date: 9/1/2004
  • Edition description: New Edition
  • Pages: 368
  • Product dimensions: 6.00 (w) x 8.90 (h) x 0.70 (d)

Meet the Author

Brian R. Dirck is Assistant Professor of History, Anderson University.
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Table of Contents

Series Foreword
Preface and Acknowledgments
1 Introduction 3
Chaotic Nature of War 9
The Laws of War, the War of Laws 11
Law versus War 15
Conclusion 24
References and Further Reading 25
2 Historical Background 27
War and the Constitution 27
War and the Constitution before the Civil War 35
Civil War: The Law's First Real Test 39
Imperialism and a World War 47
Law, the Constitution, and the "Good War" 57
Korea, Vietnam, and War by Presidential Fiat 66
Congress's Pendulum: The Gulf of Tonkin Resolution and the War Powers Act of 1973 69
After Vietnam: Exorcised Demons? 71
References and Further Reading 74
3 Cases 77
The "Least Dangerous Branch": The Supreme Court and American War Making 77
Defining the New Roles: The Court and War Making in the Early National Era 78
The Civil War: Libertarian Idealism versus Wartime Pragmatism 85
Reconstruction and ex parte Milligan 94
World War I and Justice Holmes's Conscience 102
World War II 109
After World War II: Traditions 116
The Court and War in the Nuclear Age 117
Youngstown and the "Imperial Presidency" 118
Expanding Wartime Dissent 121
Reining in Military Justice: The Military Court of Appeals and the My Lai Atrocities 125
Law and War: Whither the Supreme Court? 129
References and Further Reading 131
4 Impact and Legacy 133
Met on a Battlefield, of Sorts 133
The War Powers Issue: Who's in Charge? 136
Wartime Civil Liberties and Military Justice 141
The Pending War with Iraq 145
Law and War in the Terrorism Era: Old Wine in New Bottles? 149
References and Further Reading 151
Documents 155
Constitutional Language about War 155
What Is a "War"? 157
Controlling the Wartime Economy 181
Clear and Present Danger: Schenck v. United States 185
The Retreat from Schenck: Abrams et al. v. United States 190
Slowing the Imperial Presidency: Youngstown 266
Modern Times: The Gulf War and the War on Terrorism 288
Key People, Laws, and Concepts 299
Chronology 311
Table of Cases 317
Annotated Bibliography 319
Index 325
About the Author 342
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