Supreme Court Jurisprudence in Times of National Crisis, Terrorism, and War

Supreme Court Jurisprudence in Times of National Crisis, Terrorism, and War : A Historical Perspective

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From the foundation of the American Republic, presidents have had to deal with both internal and external national security threats. From President Washington and his policy of neutrality during the wars between Great Britain and France in the eighteenth century, to President Lincoln and the war to save the union, to President Wilson during the war to end all wars, to President Roosevelt and war of the Greatest Generation, to President Truman and his steel during the forgotten war, and most recently to President Bush and the War on Terror, presidents have had to use their power as commander-in-chief to meet the challenges of national crisis and war. The judiciary, specifically the Supreme Court, has also played an integral part in the historical development and defining of the commander-in-chief power in times of war and national crisis from the earliest days of the republic. How these powers have grown is a consequence of how the presidents have viewed the office of the presidency and how the judiciary has interpreted the commander-in-chief and executive power clauses of the U.S. Constitution over time. Supreme Court Jurisprudence in Times of National Crisis, Terrorism, and War provides a chronological review of the major national security and war events in American history. Garrison reviews the great debates between Hamilton and Madison and Chief Justice Roger Taney and Attorney General Edward Bates on presidential executive power and how subsequent presidents have adopted the Hamiltonian view of the presidency. He also examines how Article III courts, specifically the Supreme Court, have defined, expanded, and established boundaries on the commander-in-chief power. With this historical backdrop, Garrison reveals how, for over two centuries, the judiciary has defended the rule of law and maintained the principle that under the U.S. Constitution neither the guns of war nor threats to safety have silenced the rule of law.show more

Product details

  • Paperback | 500 pages
  • 154 x 228 x 42mm | 719.99g
  • Lexington Books
  • Lanham, MD, United States
  • English
  • Reprint
  • 0739151037
  • 9780739151037

About Arthur H. Garrison

Arthur Garrison is an assistant professor of criminal justice at Kutztown University and formally the Senior Criminal Justice Instructor at the Philadelphia Campus of Kaplan University (Thompson Institute) and Principal of Garrison Consultants, LLC. Dr. Garrison has published in various academic journals including the Juvenile and Family Court Journal, Criminal Justice Studies, Court Review, American Journal of Forensic Psychology, Police Studies, Journal of Police and Criminal Psychology, Professional Issues in Criminal Justice, Youth Violence and Juvenile Justice, Journal of Police and Criminal Psychology New England Journal on Criminal and Civil Confinement, the American Journal of Trial Advocacy, Issues in Child Abuse Accusation, the Journal of Supreme Court History, the Journal of the Institute of Justice and International Studies, and the Cumberland Law Review on a wide variety of criminal justice topics including constitutional law and history. He holds a B.A. in Political Science with a minor in History from Kutztown University of Pennsylvania, a M.S. in Criminal Justice from West Chester University of Pennsylvania, and a Doctor of Law and Policy from Northeastern University.show more

Review quote

Supreme Court Jurisprudence in Times of National Crisis, Terrorism, and War is an exhaustive analysis of Supreme Court jurisprudence in time of national security crisis from the founding of the nation to the present time. This encyclopedic book covers familiar and unfamiliar examples alike, freshly and with rigor. -- Jack Goldsmith, Henry L. Shattuck Professor, Harvard Law School Garrison (Kutztown Univ.) provides extensive treatment of the growth of presidential power in foreign affairs and the rise of judicial power to "maintain constitutional boundaries on presidential power." Beginning with President Washington's 1793 statement of neutrality in the British-French conflict, he documents presidential assertions of power resulting in Congress "losing control over war policy." History has sustained Hamilton in his debate with Madison over presidential power that was instigated by this incident. However, Garrison challenges the maxim that courts provide little protection to civil liberties during national security crises. This maxim has largely arisen due to the fact that the Ex Parte Milligan case limited military commissions only after the Civil War, but the Ex Parte Quirin case during WW II affirmed trials by military commissions for US citizens. In the current war on terror, Garrison asserts the judiciary has brought presidential power under the rule of law by requiring a habeas corpus hearing for presidentially declared enemy combatants and judicial review of treaty-based requirements for military commissions trying violations of the laws of war. The book's implicit message is that Hamilton's view of the judiciary as the institution to preserve the rule of law has been sustained. Summing Up: Recommended. Upper-division undergraduate, graduate, and research collections. CHOICE Arthur A. Garrison's Supreme Court Jurisprudence in Times of National Crisis, Terrorism, and War is an excellent discussion of the role that the Supreme Court has, does and should play in this important policy space... One of the strengths of the book ... is that Garrison does not merely focus on the opinion of the Court, but also includes treatment of the dissents and concurrences of important cases...The heart of the book is found in its second half, the focus of which is on the post-September 11 Supreme Court War on Terror jurisprudence. Early in this section, Garrison sets the stage with a detailed look at the legal justifications offered by various presidential administrations in determining the legal capacity of the president to engage in war in Vietnam, react to hostage taking in the U.S. embassy in Iran and events that could lead to deployment of troops without congressional approval...Garrison's book offers an excellent discussion of the political, philosophical, historical and legal underpinnings of presidential war powers...This is a detailed, important treatment of the players in a key policy space. Law and Politics Book Reviewshow more

Table of contents

Introduction Part One:National Security, the Rise of Presidential Power, the Rule of Law, and the Development of Constitutional Boundaries on Political Necessity and the War Power Chapter 1: The Rise of Presidential Authority in Times of National Crisis Chapter 2: The Supreme Court and Presidential Authority in Times of National Crisis Communism, Red Scares, National Security, Free Speech, and the Supreme Court Chapter 3: World Wars, the Red Scare, and Free Speech I: World War One, the First Red Scare (1917-1920), and Free Speech Chapter 4: World Wars, the Red Scare, and Free Speech II: World War Two, the Second Red Scare (1947-1957), Free Speech, and the Loyalty Oath Cases Case Studies in Presidential Power and the Judiciary Chapter 5: Mr. Roosevelt and His Camps Chapter 6: President Truman and His Steel Part Two: September 11, 2001, Terrorism, and the Vindication of the Rule of Law Chapter 7: September 11th, the War on Terrorism, and the Judiciary Chapter 8: Enemy Combatants: Is the President's Designation Enough? Chapter 9: Captured Terrorists: Guantanamo Bay, Military Commissions, and Habeas Corpus Appendix to Chapter 9 Rasul et al v. Bush Hamden v. Rumsfeld Boumediene v. Bush Chapter 10: The Rule of Law and the Judiciary in Times of Crisis Chapter 11: A Summary of Casesshow more