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Supreme Court Jurisprudence in Times of National Crisis, Terrorism, and War - A Historical Perspective (Hardcover, New)
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Supreme Court Jurisprudence in Times of National Crisis, Terrorism, and War - A Historical Perspective (Hardcover, New)
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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.
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