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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 moreFrom 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 moreIntroduction
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 Cases
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.
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 Review*
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*
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