Description
Book SynopsisEssays by leading constitutional scholars on the relationship between war powers and the Constitution in general and in the aftermath of September 11th.
Trade 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
"Mark Tushnet's groundbreaking collection of essays seeks to push discourse beyond this public shouting match. . . . Each essay is a sober reflection upon its chosen topic, demonstrating a mastery of existing constitutional studies and a deep sense of history that is lacking from 'first generation' scholarship in this field. Yielding surprising conclusions at more than one turn. Professor Tushnet and his contributors succeed in their goal of pushing public discourse away from the shrill rhetoric at the poles of the debate and toward real insights that will shape the formulation of public policy and the post-9/11 constitutional order." * Harvard Law Review *
Table of ContentsIntroduction 1
Part I
War and the American Constitutional Order / Mark E. Brandon 11
Emergencies and the Idea of Constitutionalism / Mark Tushnet 39
Accomodating Emergencies / Eric A. Posner and Adrian Vermeule 55
Part II
Counter-Stories: Maintaining and Expanding Civil Liberties in Wartime / Mark A. Graber 95
Defending Korematsu? Reflections on Civil Liberties in Wartime / Mark Tushnet 124
Part III
The War Powers outside the Courts / William Michael Treanor 143
Between Civil Libertarianism and Executive Unilateralism: An Institutional Process Approach to Rights during Wartime / Samuel Issacharoff and Richard H. Pildes 161
Realizing Constitutional and International Norms in the Wake of September 11 / Peter J. Spiro 198
Part IV
The War of Terrorism and the End of Human Rights / David Luban 219
War, Crisis and the Constitution / Sotirios A. Barber and James E. Fleming 232
Afterword: The Supreme Court's 2004 Decisions / Mark Tushnet 249
About the Contributors 255
Index 257
