Brian R. Dirck - Waging war on trial: a handbook with cases, laws, and documents

Cover

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Other books in ABC-CLIOs On Trial Series

Charles L. Zelden, Series Editor

Constitutional Change on Trial, Richard Bernstein

Gay Rights on Trial, Lee Walzer

The Human Body on Trial, Lynne Curry

Native American Sovereignty on Trial, Bryan Wiedenthal

Pornography on Trial, Thomas Mackey

Racial Violence on Trial, Christopher Waldrep

Voting Rights on Trial, Charles L. Zelden

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Waging War on Trial

A Handbook with Cases, Laws, and Documents

Brian R. Dirck

Santa Barbara, California Denver, Colorado Oxford, England

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Copyright 2003 by Brian R. Dirck

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, except for the inclusion of brief quotations in a review, without prior permission in writing from the publishers.

Library of Congress Cataloging-in-Publication Data
Dirck, Brian R., 1965
Waging war on trial : a handbook with cases, laws, and documents /
Brian R. Dirck.
p. cm. (ABC-CLIOs on trial series)
Includes bibliographical references and index.
ISBN 1-57607-948-1 (acid-free paper)ISBN 1-57607-949-X (e-book)
1. War and emergency powersUnited StatesHistoryJuvenile
literature. 2. War, Declaration ofUnited StatesHistoryJuvenile
literature. 3. United States. CongressPowers and
dutiesHistoryJuvenile literature. I. Title. II. On trial.
KF5060.Z9D57 2003
327.73'009dc21
2003005424

08 07 06 05 04 03 10 9 8 7 6 5 4 3 2 1

This book is also available on the World Wide Web as an e-book. Visit www.abc-clio.com for details.

ABC-CLIO, Inc.
130 Cremona Drive, P.O. Box 1911
Santa Barbara, California 931161911

This book is printed on acid-free paper.
Manufactured in the United States of America

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Series Foreword ix

Preface and Acknowledgments xiii

PART ONE

1 Introduction

Chaotic Nature of War,

The Laws of War, the War of Laws,

Law versus War,

Conclusion,

References and Further Reading,

2 Historical Background

War and the Constitution,

War and the Constitution before the Civil War,

Civil War: The Laws First Real Test,

Imperialism and a World War,

Law, the Constitution, and the Good War,

Korea, Vietnam, and War by Presidential Fiat,

Congresss Pendulum: The Gulf of Tonkin Resolution and the War Powers Act of 1973,

After Vietnam: Exorcised Demons?,

References and Further Reading,

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3 Cases

The Least Dangerous Branch: The Supreme Court and American War Making,

Defining the New Roles: The Court and War Making in the Early National Era,

The Civil War: Libertarian Idealism versus Wartime Pragmatism,

Reconstruction and ex parte Milligan,

World War I and Justice Holmess Conscience,

World War II,

After World War II: Traditions,

The Court and War in the Nuclear Age,

Youngstown and the Imperial Presidency,

Expanding Wartime Dissent,

Reining in Military Justice: The Military Court of Appeals and the My Lai Atrocities,

Law and War: Whither the Supreme Court?,

References and Further Reading,

4 Impact and Legacy

Met on a Battlefield, of Sorts,

The War Powers Issue: Whos in Charge?,

Wartime Civil Liberties and Military Justice,

The Pending War with Iraq,

Law and War in the Terrorism Era: Old Wine in New Bottles?,

References and Further Reading,

PART TWO

Documents

Constitutional Language about War,

What Is a War?,

Controlling the Wartime Economy,

Clear and Present Danger: Schenck v. United States,

The Retreat from Schenck: Abrams et al. v. United States,

Slowing the Imperial Presidency: Youngstown,

Modern Times: The Gulf War and the War on Terrorism,

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Key People, Laws, and Concepts

Chronology

Table of Cases

Annotated Bibliography

Index

About the Author

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The volumes in the On Trial series explore the many ways in which the U.S. legal and political system has approached a wide range of complex and divisive legal issues over time and, in the process, defined the current state of the law and politics on these issues. The intent is to give students and other general readers a framework for understanding how the law in all its various formsconstitutional, statutory, judicial, political, and customaryhas shaped and reshaped the world we live in today.

At the core of each volume in the series is a common proposition: that in certain key areas of American public life, we as a people and a nation are on trial as we struggle to cope with the contradictions, conflicts, and disparities within our society, politics, and culture. Who should decide if and when a woman can have an abortion? What rights, if any, should those with a different sexual orientation be able to claim under the Constitution? Is voting a basic right of citizenship, and if so, under what rules should we organize this rightespecially when the application of any organizing rules inevitably results in excluding some citizens from the polls? What about the many inconsistencies and conflicts associated with racial tensions in the country? These are just some of the complex and controversial issues that we as a people and a nation are struggling to answerand must answer if we are to achieve an orderly and stable society. The answers we find to these disputes shape the essence of who we areas a people, a community, and a political system.