The Constitution in Wartime: Beyond Alarmism and Complacency

Published by Duke University Press 2005

The Constitution in Wartime

Beyond Alarmism and Complacency

Edited by: Mark Tushnet , Neal Devins and Mark A. Graber
With contributions by: Mark E. Brandon and Eric A. Posner

In the series Constitutional conflicts

https://doi.org/10.1515/9780822386902

Overview
Contents

About this book

Essays by leading constitutional scholars on the relationship between war powers and the Constitution in general and in the aftermath of September 11th.

Author / Editor information

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.

Reviews

“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

Topics

Frontmatter Publicly Available Download PDF	i
Contents Publicly Available Download PDF	vii
Introduction Requires Authentication Unlicensed Licensed Download PDF	1
Part I
War and the American Constitutional Order Mark Brandon Requires Authentication Unlicensed Licensed Download PDF	11
Emergencies and the Idea of Constitutionalism Mark Tushnet Requires Authentication Unlicensed Licensed Download PDF	39
Accommodating Emergencies Eric Posner and Adrian Vermeule Requires Authentication Unlicensed Licensed Download PDF	55
Part II
Counter-Stories: Maintaining and Expanding Civil Liberties in Wartime Mark Graber Requires Authentication Unlicensed Licensed Download PDF	95
Defending Korematsu? Reflections on Civil Liberties in Wartime Mark Tushnet Requires Authentication Unlicensed Licensed Download PDF	124
Part III
The War Powers outside the Courts William Treanor Requires Authentication Unlicensed Licensed Download PDF	143
Between Civil Libertarianism and Executive Unilateralism: An Institutional Process Approach to Rights during Wartime Samuel Issacharoff and Richard Pildes Requires Authentication Unlicensed Licensed Download PDF	161
Realizing Constitutional and International Norms in the Wake of September 11 Peter Spiro Requires Authentication Unlicensed Licensed Download PDF	198
Part IV
The War on Terrorism and the End of Human Rights David Luban Requires Authentication Unlicensed Licensed Download PDF	219
War, Crisis, and the Constitution Sotirios Barber and James Fleming Requires Authentication Unlicensed Licensed Download PDF	232
Afterword: The Supreme Court’s 2004 Decisions Mark Tushnet Requires Authentication Unlicensed Licensed Download PDF	249
About the Contributors Requires Authentication Unlicensed Licensed Download PDF	255
Index Requires Authentication Unlicensed Licensed Download PDF	257

Language: English
Publisher: Duke University Press
Pages
- Main content: 272

eBook

Published: January 26, 2005
ISBN: 9780822386902