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Presidential Accountability in Wartime
The American presidency has long tested the capacity of the system of checks and balances to constrain executive power, especially in times of war. While scholars have examined presidents starting military conflicts without congressional authorization or infringing on civil liberties in the name of national security, Stuart Streichler focuses on the conduct of hostilities. Using the treatment of war-on-terror detainees under President George W. Bush as a case study, he integrates international humanitarian law into a constitutional analysis of the repercussions of presidential war powers for human rights around the world. Putting President Bush’s actions in a wider context, Presidential Ac...
Origins of the Dred Scott Case
The Supreme Court's 1857 Dred Scott decision denied citizenship to African Americans and enabled slavery's westward expansion. It has long stood as a grievous instance of justice perverted by sectional politics. Austin Allen finds that the outcome of Dred Scott hinged not on a single issue—slavery—but on a web of assumptions, agendas, and commitments held collectively and individually by Chief Justice Roger B. Taney and his colleagues. Allen carefully tracks arguments made by Taney Court justices in more than 1,600 reported cases in the two decades prior to Dred Scott and in its immediate aftermath. By showing us the political, professional, ideological, and institutional contexts in whi...
The View of the Courts from the Hill
The View of the Courts from the Hill explores the current interactions and relationship between the U.S. Congress and federal courts using a "governance as dialogue" approach, which argues that constitutional interpretation in the United States is a continuous and complex conversation among all the institutions of government. Expanding on his previous work on this important theme, Mark C. Miller has interviewed numerous key players specifically for this book. His subjects include members of Congress, federal judges, congressional staff, employees of the judicial branch, lobbyists, and others with an interest in the courts. Their candid and thorough comments provide an invaluable resource for...
The Evangelical Origins of the Living Constitution
John Compton shows how evangelicals, not New Deal reformers, paved the way for the most important constitutional developments of the twentieth century. Their early-1800s crusade to destroy property that made immorality possible challenged founding-era legal protections of slavery, lotteries, and liquor sales and opened the door to progressivism.
The Law of U.S. Foreign Relations
The Law of U.S. Foreign Relations is a comprehensive and incisive discussion of the rules that govern the conduct of U.S. relations with foreign countries and international organizations, and the rules governing how international law applies within the U.S. legal system. Among other topics, this volume examines the constitutional and historical foundations of congressional, executive, and judicial authority in foreign affairs. This includes the constitutional tensions prevalent in legislative efforts to control executive diplomacy, as well as the ebb and flow of judicial engagement in transnational disputes - with the judiciary often serving as umpire but at times invoking doctrines of abste...
Does Privilege Prevail?
The first transnational comparative study of legal party capability theory Justice is supposed to be blind. Cynics will say they know better. But what do the facts say? This groundbreaking study provides objective, data-driven answers to long-standing questions about winners and losers in courtrooms across the world. Does the party with the greater resources, such as money and influence, always prevail—and if so, why? Does Privilege Prevail? is the first book to evaluate these questions using a multi-country approach and, in doing so, assess what legal professionals and political scientists call party capability theory. Stacia Haynie, Kirk Randazzo, and Reginald Sheehan analyze over fiftee...
The Gettysburg Address
The country's most prominent historians reflect on the significance and legacy of the Gettysburg Address.
Sovereignty, Emergency, Legality
It is widely recognized that times of national emergency put legality to its greatest test. In such times we rely on sovereign power to rescue us, to hold the danger at bay. Yet that power can and often does threaten the values of legality itself. Sovereignty, Emergency, Legality examines law's complex relationship to sovereign power and emergency conditions. It puts today's responses to emergency in historical and institutional context, reminding readers of the continuities and discontinuities in the ways emergencies are framed and understood at different times and in different situations. And, in all this, it suggests the need to be less abstract in the way we discuss sovereignty, emergency, and legality. This book concentrates on officials and the choices they make in defining, anticipating, and responding to conditions of emergency as well as the impact of their choices on embodied subjects, whether citizen or stranger.
Disunion!
In the decades of the early republic, Americans debating the fate of slavery often invoked the specter of disunion to frighten their opponents. As Elizabeth Varon shows, "disunion" connoted the dissolution of the republic--the failure of the founders' effort to establish a stable and lasting representative government. For many Americans in both the North and the South, disunion was a nightmare, a cataclysm that would plunge the nation into the kind of fear and misery that seemed to pervade the rest of the world. For many others, however, disunion was seen as the main instrument by which they could achieve their partisan and sectional goals. Varon blends political history with intellectual, cultural, and gender history to examine the ongoing debates over disunion that long preceded the secession crisis of 1860-61.
Slavish Shore
In 1834 Harvard dropout Richard Henry Dana Jr. sailed to California as a common seaman. His account of the voyage, Two Years Before the Mast, quickly became an American classic. But literary acclaim could not erase the young lawyer’s memory of the brutal floggings he had witnessed aboard ship or undermine the vow he had made to combat injustice. In Slavish Shore, Jeffrey Amestoy tells the story of Dana’s unflagging determination to keep that vow in the face of nineteenth-century America’s most exclusive establishment: the Boston society in which he had been born and bred. The drama of Dana’s life arises from the unresolved tension between the Brahmin he was expected to be on shore an...
