메뉴 건너뛰기




Volumn 98, Issue 5, 2010, Pages 1669-1701

Law, war, and the history of time

Author keywords

[No Author keywords available]

Indexed keywords


EID: 77956855035     PISSN: 00081221     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article
Times cited : (32)

References (258)
  • 2
    • 57849087256 scopus 로고    scopus 로고
    • The supreme court during crisp: How war affects only non-war cases
    • Lee Epstein, Daniel E. Ho, Gary King & Jeffrey A. Segal, The Supreme Court During Crisp: How War agents On% Non- War cues, 80 NYU L. REV. 1 (2005).
    • (2005) 80 NYU L. REV. 1
    • Epstein, L.1    Ho, D.E.2    King, G.3    Segal, J.A.4
  • 3
    • 78651292116 scopus 로고    scopus 로고
    • supra note 1, at
    • AGAMBEN, supra note 1, at 4.
    • Agamben , pp. 4
  • 6
    • 78651288923 scopus 로고    scopus 로고
    • Note
    • See Epstein et a1., supra note 1, at 3-6 (discussing the pervasiveness of the assumption that rights are curtailed in wartime, and citing examples). Epstein et al. question the assumption that times of crisis impact the Supreme Court, noting that despite the crisis thesis's resilience- no study has rigorously assessed it ⋯ .'' JJ at 6. ne authors set out to provide a rigorous quantitative assessment fading that [t]he justices are, in fact, significantly more likely to curtail rights and liberties during times of war and other international threats. On the other land, contrary to what every proponent of the crisis thesis has so far suggested, while the presence of war does affect cases unrelated to the war, there is no evidence that the presence of war affects cases directly related to the war. 5 Id. at 9 (citation omitted). While the authors recognize the contested nature of definitions of states of war and emergences they take the timeframe of World War II as easily discernible and examine cases only between the dates of December 7, 1941, and August 14, 1945. Tne time period from August 14, 1945, to the outbreak of hostilities in Korea on June 27, 1950, is assumed to be a non- war/crisis time against which the 1941-1945 years are compared. M. at 46-47 & n.208. Yet World War 11 is not as easy to place in time as these authors assume. See infra pH III.A. For a critique of their methodology
  • 7
    • 2442461181 scopus 로고    scopus 로고
    • War and American constitutional order
    • see Mark E. Brandon, for andAmerican Constitutional Order, 56 VAND. L. REv. 1815, 1834-1838 (2003).
    • (2003) 56 VAND. L. REv. 1815 , pp. 1834-1838
    • Brandon, M.E.1
  • 8
    • 77956826767 scopus 로고    scopus 로고
    • The supreme court and public opinion in times of full and crisis
    • A helpful new critique is Gordon Silverstein & John Hanley
    • A helpful new critique is Gordon Silverstein & John Hanley, ne Supreme Court and Public Opinion in Times of full and Crisis, 61 HASTINGS L.J. 1453 (2010)
    • (2010) 61 HASTINGS L.J. , pp. 1453
  • 9
    • 78651297944 scopus 로고    scopus 로고
    • See, e.g., Schenck v. United States, 249 U.S. 47, 52 (1919
    • See, e.g., Schenck v. United States, 249 U.S. 47, 52 (1919).
  • 11
    • 77953926327 scopus 로고    scopus 로고
    • note
    • See, e.g., THE CONSTITUTION IN WARTIME: BEYOND ALARMISM AND COMPLACENCY (Mark Tushnet ad., 2005). While generally retaining assumptions about wards temporality, the essays in Tushnet's collection treat unconstitutional policy making during wartime as an sample of constitutional policy making generally, not as an exception to it'' Id. at 3. Without taking up the concept of time, Mark Brandon argues that U.S. engagement in war is a persistent feature of Amencan history and is not congaed to the wartimes dually discussed by scholars.
    • (2005) The Constitution In Wartime: Beyond Alarmism and Complacency
  • 13
    • 78651340900 scopus 로고    scopus 로고
    • note
    • An exception to the tendency to ignore issues of temporality in scholarship on law and war is OREN GRoss & RONNUALA Nf Alvin, LAW IN TIMES OF CRISIS: EMERGENCY POWERS IN THEORY AND PRACTICE 174-80 (2006). "Normalcy and emergency are often seen to occupy alternate, mutually exclusive, time-frames" Gross and Nf Alvin write. M. at 174. Normalcy exists prior to crisis and ls reinstructed after the emergency is over. Crises constitute brief intervals in the otherwise uninterrupted flow of normalcy. Emergency pawers are supposed to apply only while the exigency persists. They are not to extend beyond that time-frame into ordinary times. However, this view of the temporal relationship between normalcy and emergency does not account adequately for the possibility that emergencies will become entrenched and prolonged. Rather than the exception, crises may become the norm ⋯ . Id. at 174-75 (citation omitted); see also Oren Gross, Chaos and Rules: Should Responses to Violent Crises Always Be Constitutional'?
    • (2006) Oren Gross & Fionnuala Nf Aoláin, Law in Times of Crisis: Emergency Powers in Theory and Practice 174-80
  • 16
    • 78651270340 scopus 로고    scopus 로고
    • Shaped by War and Trade: International Influences on American Political Development (Ira Katznelson & Martin Shewer eds. 2002
    • Shaped by War and Trade: International Influences on American Political Development (Ira Katznelson & Martin Shewer eds., 2002).
  • 25
    • 77956827170 scopus 로고    scopus 로고
    • The Court at War and the War at the Court
    • 1990.September 11 was also widely viewed as a break in time, although there is controversy about whether it initiated a new war's era. or something else. December I I IN history: A WATERSHED MOMENT? (Mary L. Kodiak tit 2003
    • Melvin 1. Urofsky, The Court at War and the War at the Court, 1996 J. SUP. CT. HIST. 1, 1 (1990).September 11 was also widely viewed as a break in time, although there is controversy about whether it initiated a new war's era. or something else. December I I IN history: A WATERSHED MOMENT? (Mary L. Kodiak tit, 2003).
    • (1996) J. SUP. CT. HIST. 1 , vol.1
    • Urofsky, M.I.1
  • 26
    • 78651293017 scopus 로고    scopus 로고
    • visited Sept. 23
    • see also SEPTEMBER II NEWS.COM, http://www.septemberllnews.cotlast visited Sept. 23, 2010.
    • (2010) SEPTEMBER II NEWS.COM
  • 27
    • 78651292572 scopus 로고    scopus 로고
    • last visited Sept. 23
    • THE SEPTEMBER I I DIGITAL ARCHIVE, http://91 ldigitalilmlkive.org/index. php (last visited Sept. 23, 2010).
    • (2010) The September II Digital Archive
  • 30
    • 0004030889 scopus 로고    scopus 로고
    • note
    • See, e.g., DAVID S. LANDES, REVOLUTION IN TIME: cloaks AND THE MAKING OF THE MODERN WORLD (reV. ed. 2000). Scholarship on time in U.S. history expands upon E.P. Thompson's classic work, E.P. Thompson Time, Work-Discipline, and Industrial Capitalism, 38 PAST AND PRESENT 56 (Dec. 1967), finding the impact of mechanical time beyond the factory, and exploring other ways that time is gamed and divided. For example, my Smith explores the impact of cllx|k-tilrle on southern slavery in MARK M. SMITH, MASTERED BY THE CLXK: TIME, SLAVERY, AND FREEXM IN THE AMERICAN SOUTH (1997). Alexis Mccrossen focuses on the cultural Jennings of s|stmday'' in Atlxls MccRosseN, HOLY DAY, HOLIDAY: THE AMERICAN SUNDAY (2000). Even when historical work does not explicitly examine questions of time, William Sewell suggests that tsl|iistorians have implicit or working theories about serial temporality.'' Newell, supra at 6. Historians believe that time isfateful. Time is irreversible, in the sense that an action, once taken, or an event once experienced, cannot be obliterated. It is lodged in the memory of those whom it affects and therefore irrevocably alters the situation in which it occurs.'' M. at 6-7. Further, historians believe that every act is part of a sequence of actions and that its ejects are profoundly dependent upon its place in the sequence ⋯ . (Hlistorians assume that the outcome of any action, event, or trend is likely to be contingent, that its effects will depend upon the particular complex temporal sequence of which it is a pall. M. at 7. Within this framework, the conception of time shared by historians is complex, embracing a eediversity of temporalities'' as well as an assumption that time is heterogeneous. It! at 9. In other words, that different historical times have, effectively, different rates of change ⋯ .%' its This conception of time affects the theory of causality in historical work. Sewell suggests that atemporal heterogeneity implies causal heterogeneity. It implies that the consequences of a given act are not intrinsic in the act but rather will depend on the nature of the social world Ethan which it takes placenta 161 at 10. Teaming to social science, Sewell identifies teleological forms of temporality in some works. For Karl Marx, Emile Dtlrk.heilz'ls and others, Sewell suggests, history was viewed as the temporal working out of an inherent logic of social development ⋯ . ne direction and gentling of history were a consequence not of the largely contingent events that made up the surface of history but of longterm, anonymous causal forces, of which particular historical events were at best manifestations. M. at 83. Some works in legal history are consistent with teleological conceptions of time. Finding an inherent prowess narrative in legal history. or viewing the pad of the law as one of mchdernl'zation, involves teleological conceptions of temporality, in which the fundamental direction of legal change is driven by larger forces outside the particularities of the experience and act of those who encounter the law. Jee Mary L. Dudziak Brown and the Mea ol|l|rostren in American Legal History. ,1 Comment on William Nelson, 48 ST. Lolls U. L.J. 851 (2004).
    • (2000) Revolution in Time: Cloaks and the making of the Modern World
    • Landes, D.S.1
  • 32
    • 78651284760 scopus 로고    scopus 로고
    • Id.161. at 20
    • Id.161. at 20.
  • 33
    • 78651298393 scopus 로고    scopus 로고
    • 16 M at 183-84.
    • 16 M at 183-84.
  • 34
    • 78651308005 scopus 로고    scopus 로고
    • 161 at 19-28 (citations omitted) (diseasing linear and social time
    • 161 at 19-28 (citations omitted) (diseasing linear and social time).
  • 36
    • 78651341349 scopus 로고    scopus 로고
    • Id
    • Id.
  • 37
    • 78651321970 scopus 로고    scopus 로고
    • It at 12
    • It at 12.
  • 38
    • 78651318674 scopus 로고    scopus 로고
    • supra note 16, at
    • GREENHOUSE, supra note 16, at 2
    • Greenhouse , pp. 2
  • 39
    • 78651339438 scopus 로고    scopus 로고
    • note
    • 1d at 23. An example of cyclical time is the ordering of farm chores according to the seasons in ROBERT B. Talons, THE OLD FARMER'S ALMANAC (2009). One cultural use of linear time appears in American law. According to Greenhouse, law involves tithe constant expansion of a linear time framework in the production and use of precedents ⋯ .'' GREENHOUSE, supra note 18, at 184. Law's endpoint in this linear progression, however, his neither faxed nor envisioned. It is symbolically coterminous with a national social life ⋯ .'' M Law's temporality is distinctive, she argues, both because it is cumulative Call interests and histories can be represented as pertaining to the social Geld in which the law operates), and because it is reversible (past decisions can control present ones; and precedent can be reversed). id Time is a critical framing device in international law, Gross and Ni able argue. GRoss & Nf Allan, supra note 8, at 179. 'The 111a111 traditional feature of the international legal system is its (lichotorllized division between times of peace and wartime, watts the former constituting the norm and the latter the exception to that cone's M. There is very little work on temporality in legal history, but this is clanging. See Alison L. I.aefroix, Temporal Imperialism, 158 U. PA. L. REv 1329 (2010); Christopher toxins, Revolutionary Justice in Brecht, Conrad and Blake, 21 LAW & LIT. 185 (2009) (discussing. justice and temporality).
    • (2009) The Old Farmer'S Almanac , pp. 185
    • Robert B. Talons1
  • 40
    • 84865337868 scopus 로고
    • Time and fork during early American industrialization
    • 30 Thompson supra note 17, at 56
    • David Brody, Time and Fork During Early American Industrialization, 30 LAB. & HLST. 5, 24-39 (1989) 30 Thompson supra note 17, at 56.
    • (1989) 30 LAB. & HLST. 5 , pp. 24-39
    • Brody, D.1
  • 42
    • 78651296580 scopus 로고    scopus 로고
    • takes the impact of clock time beyond the industrial context in SMITH, supra note 17
    • Mark Smith takes the impact of clock time beyond the industrial context in SMITH, supra note 17.
    • Smith, M.1
  • 43
  • 44
    • 78651264566 scopus 로고    scopus 로고
    • See landes, supra note 17, at 303-304
    • See landes, supra note 17, at 303-304.
  • 46
    • 78651274226 scopus 로고    scopus 로고
    • KERN, supra note 32, at 12.
    • KERN, supra note 32, at 12.
  • 47
    • 78651264978 scopus 로고    scopus 로고
    • Id. at 13-14
    • Id. at 13-14.
  • 48
    • 78651322972 scopus 로고    scopus 로고
    • 161. at 14-15
    • 161. at 14-15.
  • 49
    • 78651302926 scopus 로고    scopus 로고
    • 161 at 159 Rossum, supra note 29, at 289-321
    • 161 at 159 Rossum, supra note 29, at 289-321.
  • 50
    • 78651268834 scopus 로고    scopus 로고
    • SMITH, supra note 17, at 178-84
    • SMITH, supra note 17, at 178-84;
  • 51
    • 84900424484 scopus 로고
    • The Standardization of Time: A Sociohistorical Perspective
    • Eviatar Zerubavel, The Standardization of Time: A Sociohistorical Perspective, 88 AM. J. OF SOCIALOGY 1, 5-6 (1982).
    • (1982) 88 AM. J. OF Socialogy 1 , pp. 5-6
    • Zerubavel, E.1
  • 55
    • 78651340452 scopus 로고    scopus 로고
    • note
    • ANDERSON, supra note 36, at 24-27. According to Anderson. Tne idea of a sociological organism moving calendrically through, homogenous, empty time is a precise analogue of the idea of the nation, which also is conceived as a soled community moving steadily down (or up) history. An American |11 never meet, or even know the names of more than a handful of his 240,000,000-odd fellow- Americana. He has no idea of what they are up to at any one time. But he has complete confidence in their steady, anonymous, simultaneous activity.
    • 48 Anderson , pp. 24-27
  • 56
    • 78651286066 scopus 로고    scopus 로고
    • Id. at 26 (citation omitted
    • Id. at 26 (citation omitted).
  • 57
    • 78651299666 scopus 로고    scopus 로고
    • Allen, supra note 36, at 10.
    • Allen, supra note 36, at 10.
  • 58
    • 78651280304 scopus 로고    scopus 로고
    • Id
    • Id.
  • 59
    • 78651339865 scopus 로고    scopus 로고
    • ld. at 11.
    • ld. at 11.
  • 60
    • 78651282382 scopus 로고    scopus 로고
    • Id.; accord Greenhouse, supra note 18, at 1-4
    • Id.; accord Greenhouse, supra note 18, at 1-4.
  • 61
    • 78651329913 scopus 로고    scopus 로고
    • ALLEN, supra note 36, at 11
    • A11EN, supra note 36, at 11.
  • 62
    • 78651331211 scopus 로고    scopus 로고
    • Common ideas about war and tempora1ity are discuses infra at text accompanying footnotes 1-8
    • Common ideas about war and tempora1ity are discuses infra at text accompanying footnotes 1-8.
  • 63
    • 78651293016 scopus 로고    scopus 로고
    • Note
    • We11s, supra note 31, at 1. In an ana1ysis of ideas about time during the Civi1 War, We11s argues that the war did not fu11y rep1ace concepts of time he1d by nineteenth-century Americana. Instead, over1apping ideas about time, based on the c1ock, re1igion, the seasons, and the sun and moon, were he1d in the South and North before the war and ager. M. ne war interceded watts its own batt1e timeout which reconfigured antebe11um tempora1ities.'' 161 at 5.War was carried on in a comp1ex atempora1 web's as b1ooming cannons superseded watches' and c1ocks' abi1ity to order society, and God's time became increasing1y secu1ar in the face of batt1ers M. Beyond the batt1efie1d, many had to Baby1on the modernity of the c1ock and embrace, at 1east de1eing the war, task orientation's M. On the way the Civi1 War has been remembered
  • 68
    • 78651325823 scopus 로고    scopus 로고
    • Tony Judt's epic work on Europe after wor1d war II, for examp1e, is simp1y titled
    • Continuous U.S. engagement in war since 1945 is discuses 1, for examp1e, BREWER
    • Tony Judt's epic work on Europe after Wor1d War II, for examp1e, is simp1y titled "Postwar. A History of Europe Since 1945." TONY JUDT, Postwar: A HISTORY OF EUROPE SINCE 1945 (2005). Continuous U.S. engagement in war since 1945 is discuses 1, for examp1e, BREWER,
    • (2005) "Postwar. A History of Europe Since 1945." Postwar: A History of Europe since 1945
    • Judt, T.1
  • 69
    • 78651326686 scopus 로고    scopus 로고
    • supra note 11. The phrase Inter arma si1ent 1eges, origina11y Silent enim 1eger inter arma, is attributed to Cicero
    • supra note 11. Tne phrase Inter arma silent 1eges, origina11y Silent enim 1eger inter arma, is attributed to Cicero.
  • 70
    • 78651330761 scopus 로고    scopus 로고
    • note
    • See THE YALE bib OF QUOTATIONS 156 (Fred R. Shapiro ad., 2006). According to Saby Ghoshrav, restore of the more notable usages of the term have been found in a few Supreme Court decisions'' including Justice Antonin Scalia's opinion in Hamdi v. Rums-|1d, 542 U.S. 507, 569 (2004). Saby Ghoshray. When Does Co11atera1 Damage Rise to the 1eve1 ofa War Crimea. Expanding the Adequacy of 1 Jim's of Fir Against Contemporary Human Rights Discourse, 41 CREIGHTON 1. REv. 679, 711 (2008).
    • (2006) The Yale bib of Quotations 156
  • 71
    • 78651344012 scopus 로고    scopus 로고
    • Specifically, the assumption is that during war, the 1aw accords 1ess protection to Civil 1iberties and more to security interests
    • Specifically, the assumption is that during war, the 1aw accords 1ess protection to Civil 1iberties and more to security interests
  • 73
    • 78651318673 scopus 로고    scopus 로고
    • 1990 Zachariah Chafee, Jr., Freedom ofspeech in Wartime, 32 HARV. 1. REv. 932, 932-43 (1990) Shire A. Scheindlin & Matthew 1. Schwartz, With AII Due Deference. Judicia1 Responsibility in a Time of Crisis, 32 Howard 1. REv.
    • MICHAE1 Winfield, FREEDOM UNDER FIRE: U.S. Civil LIBERTIES IN TIMES OF WAR 5-7 (1990) Zachariah Chafee, Jr., Freedom ofspeech in Wartime, 32 HARV. 1. REv. 932, 932-43 (1990 Shire A. Scheindlin & Matthew 1. Schwartz, With AII Due Deference. Judicia1 Responsibility in a Time of Crisis, 32 Howard 1. REv. 795, 802-816 (2004);
    • (2004) Freedom Under Fire: U.S. Civil Liberties in Times of War 5-7 , vol.795 , pp. 802-816
    • Winfield, M.1
  • 74
    • 78651290595 scopus 로고    scopus 로고
    • Epstein et a1., supra note 1, at 5-9, 18-20, (citing adherents to the crisis tress's
    • Jee also Epstein et a1., supra note 1, at 5-9, 18-20, (citing adherents to the crisis tress's).
  • 75
    • 78651288907 scopus 로고    scopus 로고
    • Many scholars decry the idea that 1aw applies differently during war, but nevertheless tend to view the courts as acting differently during wartime
    • Many scholars decry the idea that 1aw applies differently during war, but nevertheless tend to view the courts as acting differently during wartime
  • 76
    • 78651318258 scopus 로고    scopus 로고
    • Note
    • See GRoss & Nf AOLXIN, supra note 8, at 98-1059 Epstein et a1., supra note 1, at 5-9, 18-20 (citing examples). ne contrary example of the Supreme Court protecting rights and 1imiting executive power in the context of war is the Civil War-era case F,x Parte Mi11igan, 71 U.S. 2 (1866), which Clinton Rossiter calls state Feat exception's CLINTON ROSSITER, THE SUPREME COURT AND THE COMMANDER IN CHIEF 2
    • Clinton Rossiter, The Supreme Court and The Commander in Chief 2 , pp. 98-1059
    • Gross1    Aolxin, N.2
  • 77
    • 78651296173 scopus 로고    scopus 로고
    • 39 rev. ed. 1976
    • 39 (rev. ed. 1976).
  • 78
    • 78651331213 scopus 로고    scopus 로고
    • STONE, supra note 3.
    • STONE, supra note 3.
  • 79
    • 78651335415 scopus 로고    scopus 로고
    • Note
    • Other writers. including Chief Justice WILLIAM Rehnquist also focus on times of war as a way to discern 1essons for the future. Relinquish, supra note 3. Rehnquist focuses thirteen of his eighteen chapters on the Civil War. I'm Since Rehnquist, 1ike Stone, intends to draw 1essons from history for contemporary 1aw, the very structure of the book makes clear that, for 11imz the Civil War provided the most significant 1essons. ne Civil War was fo11owed by a 1ong stretch of peacetime, briefly interrupted in 1998 by the Spstn1'sh-Alnerican warp's but tit conflict enlisted only a few months, and it was sufficiently short and one-sided as to pose 1ittle danger to Civil 1ibertiesy" he writes. Id. at 171. In the remaining chapters, Rehnquist discusses Civil 1iberties 1 1680 CA1 IFORNIA ax WMVIE F EVo1. 98:1669 wartimes as exceptiona1 the only times when the U.S. g overnment has punished opposition to its policies. The federa1 government prohibits politica1 " h writer's His narrative is constructed along a dissent only in wartime, e timelier in which the defining feature of particular episodes is war. Each of his 53 chapters focuses on a particular war. Stone draws support for this conceptualization especia11y from the experience of World War 1. This era is, as Stone suggests, a particular1y powerfu1 example of the government tendency to overreact and repress 1iberty deleing war. For example, Congress passed the Sedition Act of 191 .8 1ithe most |4 ne Act repressive 1egislation in American history's during World War 1. communalized statements that were thought to endanger the war effort, including disloya1, profane, scurrilous, or abusive 1anguage about the form of government of the United States, or the Constitution of the United States, or the military or the nava1 forces of the United States, or the flag of the United "S5 1 Sedition Act case to reach the Supreme Court was States . The on y Abrams v. United States, involving Russian immigrants who protested the war by throwing 1eaflets off rooftops and out windows. The Supreme Court upheld their conviction, prompting an important dissent by Oliver Wende11 Holmes 5-6 j jwu charges and 1ouis Brandeis. Earlier that year, the Court a so up ' f 1917 51 which among other Schenck s conviction under the Espionage Act o , , things, communalized conspiracy Otto cause insubordination in the military .,58 d. jjjs and nava1 forces of the United States. The conspiracy of Schenck an Socialist Party companions was to distribute 1eaflets calling for resistance to 59 j time the draft and urging draftees to protect their constitutiona1 rights. Thus Holmes wrote the majority opinion upholding Schenck's conviction. In a famous passage, he wrote that the nature of free speech rights differed depending on the time they were invoked: ttWhen a nation is at war many things that might be said in times of peace are such a hindrance to its effort that their utterance wi11 not be endured so 1ong as men fight and that no Court could deleing during World War I and World War II. The book's scope is 1imited to declared wars Rehnquist writes, because "the government's authority to engage in conduct that Infringes Civil 1iberty is neatest in time of declared war." Id at 218: see also mark Tushnet, Defending Korematsu?: Reflections on Civil 1iberties in Wartime, 2003 WIS. 1. REV. 273 (2003) (discussing the way courts 1earn from the experience of post wars).
    • (2003) WIS. 1. REV. 273
  • 80
    • 78651286486 scopus 로고    scopus 로고
    • supra note 3, at 5
    • STONE, supra note 3, at 5.
    • Stone
  • 81
    • 78651345555 scopus 로고    scopus 로고
    • Note
    • Chapter one is a bit ambiguous, focusing on, Gne half War' with France" in the 1ate eighteenth and early nineteenth centuries. If Remaining chapters fo11ow the trajectory of iconic American wartimes: the Civil War, World War 1, World War II, the ColD War, and Vietnam. M.
  • 82
    • 78651337931 scopus 로고    scopus 로고
    • 1d at 1 85
    • 1d at 1 85.
  • 83
    • 78651331622 scopus 로고    scopus 로고
    • Sedition Act of 1918, 65 Pub. 1. No. 150, 40 Stat. 553, 553 (1918
    • Sedition Act of 1918, 65 Pub. 1. No. 150, 40 Stat. 553, 553 (1918).
  • 84
    • 78651340456 scopus 로고    scopus 로고
    • Abl'an'1s v. United States, 250 U.S. 616, 627-28 (1910
    • Abl'an'1s v. United States, 250 U.S. 616, 627-28 (1910).
  • 85
    • 78651279878 scopus 로고    scopus 로고
    • Schenck v. United States, 249 U.S. 47, 48-49, 53 (1919
    • Schenck v. United States, 249 U.S. 47, 48-49, 53 (1919).
  • 86
    • 78651275926 scopus 로고    scopus 로고
    • Espionage Act of 1917, 64 Pub. 1. No. 24, ch. 30, 9 3, 44 Stat. 217, 2 19 (1917
    • Espionage Act of 1917, 64 Pub. 1. No. 24, ch. 30, 9 3, 44 Stat. 217, 2 19 (1917).
  • 87
    • 78651280706 scopus 로고    scopus 로고
    • Schenck, 249 U.S. at 49-51
    • Schenck, 249 U.S. at 49-51.
  • 88
    • 78651286487 scopus 로고    scopus 로고
    • Schenck, 249 U.S. at 52; c/ STONE, supra note 3, at 146-60, 184-96, 198-21 1
    • Schenck, 249 U.S. at 52; c/ STONE, supra note 3, at 146-60, 184-96, 198-21 1.
  • 89
    • 0040280439 scopus 로고
    • note
    • see also PAUL MURPHY, WORLD WAR I AND THE ORIGIN or Civil LIBERTIES IN THE UNITED STATES (1980). Justice Holmes retained the idea of war's temporality in Abrams, as he and Justice Brandies began a series of dissents in which they would 1ay out a set of ideas that became centra1 to First Amendment jtzrisp1|tzde11ce. In his Abrams dissent Holmes wrote that government empower undoubtedly is Feater in time of war than in time of peace. But as against dangers peculiar to war, as against others, the principle of the right to free speech is always the came1's 250 U.S. at 627-28. In providing the occasion for Holmes to articulate a more robot First Amendment vision, perhaps war both restricted rights and 1aid the basis for their 1ater expansion. Mark Tuslmet makes a similar argument about Korentatsu. Mark Tushnet, supra note 51. Compared to the traditiona1 image of a pendu111m swinging from protection of rights in peacetime and security in wartime, the development of a more robust rights jurisprudence in reaction to war suggests that the pendulum has a more complicated path.
    • (1980) World War I and the Origin or Civil Liberties in the United States
    • Murphy, P.1
  • 90
    • 78651305043 scopus 로고    scopus 로고
    • supra note 3, at, Mark Brandon comes to the opposite conclusion, fading that military engagement has occurred through |680 percent of the 1ife of the nation's Brandon, supra note 7, at 11
    • STONE, supra note 3, at 5. Mark Brandon comes to the opposite conclusion, fading that military engagement has occurred through |680 percent of the 1ife of the nation's Brandon, supra note 7, at 1 1 .
    • Stone , pp. 5
  • 91
    • 78651315674 scopus 로고    scopus 로고
    • supra note 3, at (narrating from World War II through Vietnam
    • STONE, supra note 3, at 235-526 (narrating from World War II through Vietnam).
    • Stone , pp. 235-526
  • 95
    • 78651319102 scopus 로고    scopus 로고
    • In contrast to Stone, other scholars view the impact of war as continuous rather stun episodic. See infra at Part II.D.
    • In contrast to Stone, other scholars view the impact of war as continuous rather stun episodic. See infra at Part II.D.
  • 96
    • 78651327524 scopus 로고    scopus 로고
    • supra note 3, at
    • STONE, supra note 3, at 535.
    • Stone , pp. 535
  • 97
    • 78651301673 scopus 로고    scopus 로고
    • On the importance of frames to our understanding of the world we occupy
    • On the importance of frames to our understanding of the world we occupy,
  • 98
    • 0003632791 scopus 로고
    • Todd Gitlin explains: femmes are principles of selection. emphasis, and presentation composed of little tacit theories about what exists, what happens, and what matters." TODD GITLIN, THE WHOLE WORLD Is WATCHING: MASS MEDIA IN THE MAKING AND UNMAKING OF THE NEW LEFT 6 (1980
    • see IRVING GOFFMAN, FRAME ANALYSIS: AN ESSAY ON THE ORGANIZATION OF EXPERIENCE (1974) Todd Gitlin explains: femmes are principles of selection. emphasis, and presentation composed of 1ittle tacit theories about what exists, what happens, and what matters." TODD GITLIN, THE WHOLE WORLD Is WATCHING: MAss MEDIA IN THE MAKING AND UNMAKING OF THE NEW 1EFT 6 (1980).
    • (1974) Frame Analysis: An Essay on the Organization of Experience
    • Goffman, I.1
  • 101
    • 78651305042 scopus 로고    scopus 로고
    • On confessiona1 ratification of post-g/1 1 n'tilitary action, see, for example, Curtis A. Bradley & Jack 1. Goldsmith, Congressiona1 Authorization and the Fir on Terrorism, 1 18 HARV. 1. REV. 2047 (2005
    • GARY HESS, PRESIDENTIA1 DECISIONS FOR WAR: KOREA, VIETNAM, AND THE PERSIAN GULF 225-26 (2001). On confessiona1 ratification of post-g/1 1 n'tilitary action, see, for example, Curtis A. Bradley & Jack 1. Goldsmith, Congressiona1 Authorization and the Fir on Terrorism, 1 18 HARV. 1. REV. 2047 (2005).
    • (2001) Presidential Decisions For War: Korea Vietnam, and the Persian Gulf 225-26
    • Hess, G.1
  • 102
    • 22544475574 scopus 로고    scopus 로고
    • InternationaL Law, U.S. Ftzr Powers, and the Globa1 Fcr on Terrorism
    • Ryan Gnndman & Derek Jinks, Internationa1 1 ow, U.S. Ftzr Powers, and the Globa1 Fcr on Terrorism. 118 HARV. 1. REV. 2653 (2005).
    • (2005) 118 HARV. 1. REV. , pp. 2653
    • Gnndman, R.1    Jinks, D.2
  • 103
    • 78651303793 scopus 로고    scopus 로고
    • Note
    • Wartime. in THE OXFORD essentia1 DICTIONARY OF THE U.S. MILITARY (2001). It seen important to defme Alan's but the definition of war has become more ambiguous. In The Prize Cases, the U.S. Supreme Court defined war as simply state in which a nation prosecutes its right by force's 67 U.S. (2 Black) 635, 666 (1863). Traditiona11y, an essentia1 component of a definition of war was that it was between states. But the state has dropped out of attempts to defme war. For example, The Oxford Companion to American Military History defines war by referring not to violence between nations, but to reorganized violent activity, waged not by individuals but by (people) in group's THE OXFORD COMPANION TO AMERICAN MILITARY HISTORY 773-75 (2000). Ambiguity in the definition of war reinforces the ambiguity in the deflation of wartime. For Hedley Bu11, the involvement of the state affects the 1egitimacy of a conflict, but not whether it is a swan's HEDLEY BU11, THE ANARCHICA1 society: A STUDY OF ORDER IN WORLD POLITICS (3d ed. 2002). He describes war this way: War is organised violence carried on by politica1 11111| against each other. Violence is not war unless it is carried out in the name of a politica1 emit; what distinguishes ki11ing in war from murder is its vicarious and officia1 character, the symbolic responsibility of the 1m1't whose agent the ki11er is. Equa11y, violence carried out in the name of a politica1 unit is not war unless it is directed against another politica1 only. We should distinguish between war in the 1oose sense of orgnn1'sed violence which may be carried out by any politica1 unit and war in the strict sense of internationa1 or Interstate war, organised violence waged by sovereign states. Within the modern states system only war in the strict sense, internationa1 war, has been 1egitimate; sovereign states have sought to preserve for themselves a monopoly of the 1egitimate use of violence. 161 at 178-79. Definitions of war have turned on the nature of adversaries (e.g., state or non-state coups), and the objectives of those adversaries (e.g., territoria1 conquest or defense). As the twentieth century evolved to revea1 continuumK in these categories, the implements of war may have become more important. By mid-century, troops and machine guns had 1ost their defending power, and instead widower was more centra1 to whether military activity seemed 1ike a war. By the early twenty-first century. catastrophic bombing, in itself did not sisa1 war's presence (e.g., the 1993 World Trade Center bombing), but the use of airplanes in the September 1 1 attacks helped fue1 the perception that the nation was at war. See Elaine Tyler May, Echoes of the ColD War. The Aftermath of September 11. in SEPTEMBER I I IN HISTORY: A WATERSHED MOMENT? 38-40 (Mary 1. Dudziak ad., 2003). On the history of U.S. widower and the way it has been imagined
  • 104
    • 78651276951 scopus 로고
    • The Rise of American Air Power: The Creation of Armageddon
    • see MICHAE1 S. SHERRY, THE RISE OF AMERICAN AIR POWER: THE CREATION OF Armageddon (1987).
    • (1987)
    • Sherry, M.S.1
  • 105
    • 78651271186 scopus 로고    scopus 로고
    • In one sense, clear dime's had a very specific meaning delving World War II. President Franklin Delano Roosevelt instituted year-1ong daylight savings time" in 1942, calling it agar timeout ne flit introduction of daylight savings time in the United States had been in 1918, to conserve resources during World War 1. Stephen Young, 24/7. ad Resource Guide to the strap of Time Standards, 11RX, June 3, 2002 (1ast visited Oct. 2
    • In one sense, clear dime's had a very specific meaning delving World War II. President Franklin Delano Roosevelt instituted year-1ong daylight savings time" in 1942, calling it agar timeout ne flit introduction of daylight savings time in the United States had been in 1918, to conserve resources during World War 1. Stephen Young, 24/7. ad Resource Guide to the strap of Time Standards, 11RX, June 3, 2002, http://www.11rx.con|1/features/tir1|e.htnz (1ast visited Oct. 2, 2010).
    • (2010)
  • 106
    • 78651299665 scopus 로고    scopus 로고
    • 1ee v. Madigan, 248 F.2d 783 (91 Cir. 1957); Four Sentenced to Die in Camp Cooke Murden 1.A. TIMES. Sept. 15, 1949, at 1. Sources I have found so far do not disclose whether the sentences of the other inmates were also reduced. ne others did conjoin lee in his habeas corpus action
    • 1ee v. Madigan, 248 F.2d 783 (91 Cir. 1957); Four Sentenced to Die in Camp Cooke Murden 1.A. TIMES. Sept. 15, 1949, at 1. Sources I have found so far do not disclose whether the sentences of the other inmates were also reduced. ne others did conjoin lee in his habeas corpus action.
  • 107
    • 78651277357 scopus 로고    scopus 로고
    • 1ee v. Madigan (1950
    • 1ee v. Madigan, 358 U.S. 228, 229-230 (1950).
    • 358 U.S. 228 , pp. 229-230
  • 109
    • 78651328359 scopus 로고    scopus 로고
    • The leading work on ColD War era courts martial is ELIZABETH LUTES HILLMAN, DEFENDING AMERICA: MILITARY CULTURE AND THE COLD WAR COURT-MARTIAL
    • See, 358 U.S. at 229-30. The 1eading work on ColD War era courts martial is ELIZABETH LUTES HILLMAN, DEFENDING AMERICA: MILITARY CULTURE AND THE COLD WAR COURT-MARTIAL (2005).
    • (2005) 358 U.S. , pp. 229-230
  • 110
    • 78651264565 scopus 로고    scopus 로고
    • Hamilton v. McClaughry, 136 F. 445, 446-47 (D. Kan. 1905
    • Hamilton v. McClaughry, 136 F. 445, 446-47 (D. Kan. 1905).
  • 111
    • 78651289764 scopus 로고    scopus 로고
    • Hamilton, 136 F. at 447
    • Hamilton, 136 F. at 447.
  • 112
    • 78651334726 scopus 로고    scopus 로고
    • Id. at 451. 63 at 97-98, 336-37; Eileen P. SCULLY, BARGAINING WITH M
    • Id. at 451. 63 at 97-98, 336-37; Eileen P. SCULLY, BARGAINING WITH M
  • 113
    • 78651271184 scopus 로고    scopus 로고
    • note
    • see Boot, supra note , THE STATE FROM AFAR: AMERICAN CITIZENSHIP IN TREATY PORT CHINA, I 844-1942 (2X1). Hamilton was relied on in F.x parte Johnson, 3 F.2d 705 (D. Ken. 1925), which dismissed a similar cha11enge to a court martia1 of a soldier who was in the state of Chih11q11tla, Mexico, under the command of Genera1 John Pershing, to pursue Pancho Vi11a. Similar1y, in United States v. Ayers, 4 C.M.A. 220 (1954) the U.S. Court of Military Justice held that a Grime of war" existed in ! Korea in December 1950, m spite of the absence of a declaration of war. In United States v. Anderson, 17 C.M.A. 588 (1968), the U.S. Court of Military Justice held that the United States was in a attire of war" in Vietnam on November 3, 1964, for the purpose of the offense of desertion in violation of Article 85, Uniform Code of Military Justice. See generals Joseph aimers, Of War and Punishment: uptime of War" in Military Jurisprudence and a Call for Congress to debate Its Meaning, 51 NAVA1 1. REv. 1 (2005).
    • (2001) The State From Afar: American Citizenship in Treaty Port China, I 844-1942
    • Boot1
  • 117
    • 78651343186 scopus 로고    scopus 로고
    • 1etter to the President of the Senate Recommending 1egislation to Terminate the State of War with Germany, 1951 Pub. Papers 378 (July 9, 1951). Occupation powers stemmed from the conquest of Germany, rather than an ongoing state of war
    • 1etter to the President of the Senate Recommending 1egislation to Terminate the State of War with Germany, 1951 Pub. Papers 378 (July 9, 1951). Occupation powers stemmed from the conquest of Germany, rather than an ongoing state of war.
  • 118
    • 78651335414 scopus 로고    scopus 로고
    • Statement by the President on the Termination of the State of War with cape 1952-1953 Pub. Papers 302 (Apr. 28, 1952
    • Statement by the President on the Termination of the State of War with cape 1952- 1953 Pub. Papers 302 (Apr. 28, 1952).
  • 121
    • 78651322971 scopus 로고    scopus 로고
    • Lee v. Madigan, 358 U.S. 228 230 (1950
    • Lee v. Madigan, 358 U.S. 228 230 (1950).
  • 122
    • 78651302503 scopus 로고
    • note
    • 335 U.S. 160, 169 (1948) (citing United States v. Anderson 76 U.S. (9 Wa11.) 56, 70 (1869:. In f udecke, a German nationa1 was detained under the Alien Enemy Act of 1798 after Germany had surrendered, but a peace treaty had not yet been sided. 161 at 162-63. 1udecke contended that the President's war power under the Act did not survive cessation of actua1 hostilities," and so he should be released. Id at 166. ne Court found, however, that ocular does not cease with a cease-fire order, and power to be exercised by the President such as that conferred by the Act of 1798 is a process which begins when war is declared but is not exhausted when the shooting stops-': M. at 167. ne end of war was a politica1 question, not a question for judges who did not have the technica1 competence or officia1 responsibility" for this. Hi at 170.
    • (1948) 335 U.S. 160 , pp. 169
  • 123
    • 78651268006 scopus 로고
    • Woods v. Cloyd W. Mi11er Co.
    • Woods v. Cloyd W. Mi11er Co., 333 U.S. 138, 141-144 (1948).
    • (1948) 333 U.S. 138 , pp. 141-144
  • 124
    • 78651345957 scopus 로고    scopus 로고
    • Note
    • 161. at 141 (quoting Hnmilton v. Kentucky Disti11eries & Warehouse Co., 251 U.S. 146, 161 (1910) The district court in Woods struck down Title 11 of the Housing and Rent Act of 1947, finding it to be tmconstitutiona1. 333 U.S. at 1401-41. ne plaintiffs in Woods had argued that if war power was not contained within wartime, the power would be too broad, since tithe effects of war under modem conditions mny be felt in the economy for years and years." M. at 143-44. But for the Court, there was a abject and immediate" relationship between the housing crisis and war, so Congress's war power had been properly invoked. M. at 144.
  • 125
    • 78651345960 scopus 로고    scopus 로고
    • Note
    • In Hamilton v. Kentucky Disti11eries Co., 251 U.S. 146 (19 19) and Ruppert v. Cagey, 251 U.S. 264 (1920), the Court held that 1iquor regulation under the War-Time Prohibition Act was constitutiona1 after World War I hostilities had ended. Finding continuing war-related power in Hamilton, the Court suggested that |tlt1be power is not 1imited to victories in the field and the dispersion of the insurgent forces. It carries with it inherently the power to guard against the immediate renewa1 of the conflict, and to remedy the evils which have arisen from its rise and progressing 251 U.S. at 161.
    • 251 U.S. 146
  • 126
    • 78651286922 scopus 로고
    • Note, Prohibition and the for Power
    • see also Note, Prohibition and the for Power, 33 HARV. 1. REV. 585 (1920).
    • (1920) 33 HARV. 1. REV. , pp. 585
  • 127
    • 78651291481 scopus 로고    scopus 로고
    • 358 U.S. at 231
    • 358 U.S. at 231.
  • 128
    • 78651316987 scopus 로고    scopus 로고
    • I61. (citing United States v. Anderson, 76 U.S. (9 Wa11.) 56, 69 (1860
    • I61. (citing United States v. Anderson, 76 U.S. (9 Wa11.) 56, 69 (1860).
  • 129
    • 78651271592 scopus 로고    scopus 로고
    • 358 U.S. at 231-32. Douglas distinguished Woods and Hamilton on the basis that ult1hese cases dea1 with the reachof the war power, as a source of regulatory authority over nationa1 avails, in the aher1|nat11 of hostilities, while Madlkan concerned courts martia1 for capita1 offenses. M. at 232
    • 358 U.S. at 231-32. Douglas distinguished Woods and Hamilton on the basis that ult1hese cases dea1 with the reachof the war power, as a source of regulatory authority over nationa1 avails, in the aher1|nat11 of hostilities, while Madlkan concerned courts martia1 for capita1 offenses. M. at 232.
  • 130
    • 78651293886 scopus 로고    scopus 로고
    • note
    • 358 U.S. at 235-36. 93The problem of the 1ega1 end to war has reappeared in post-9/11 scholarship. See John Alan Cohan, 1ega1 War: When Does It Exist, and When Does It End?, 27 Hastings Int'1 & Comp. 1. Rev. 222 (2004);
    • (2004) 358 U.S. at 231-32
  • 131
    • 33749646973 scopus 로고    scopus 로고
    • From the XYZ Affair to the War on Terror: The Justiciability of Time of War
    • John M. Hagan, From the XYZ Affair to the War on Terror: The Justiciability of Time of War, 61 Wash. & Lee 1. Rev. 1328 (2004).
    • (2004) 61 Wash. & Lee 1. Rev. , vol.1328
    • Hagan, J.M.1
  • 132
    • 78651281118 scopus 로고    scopus 로고
    • Stephen I. Vladeck, 1udecke's 1engthening Shadow: The Disturbing Prospect of War Without End, 2 J. Nat'1. Security 1. & Po1'y 53 (2006). The ending of war under internationa1 1aw is discussed in 1.C. Green, The Contemporary 1aw of Armed Conflict 82-86 (2d ed.) 2000
    • Stephen I. Vladeck, 1udecke's 1engthening Shadow: The Disturbing Prospect of War Without End, 2 J. Nat'1. Security 1. & Po1'y 53 (2006). The ending of war under internationa1 1aw is discussed in 1.C. Green, The Contemporary 1aw of Armed Conflict 82-86 (2d ed. 2000).
  • 134
    • 78651269270 scopus 로고    scopus 로고
    • Id at 22-34
    • Id. at 22-34.
  • 136
    • 78651306762 scopus 로고    scopus 로고
    • Id at 213-16
    • Id. at 213-16.
  • 137
    • 78651306340 scopus 로고    scopus 로고
    • Wat 218
    • Wat 218.
  • 138
    • 78651285173 scopus 로고    scopus 로고
    • Id
    • Id.
  • 139
    • 78651294354 scopus 로고    scopus 로고
    • Id at 218-19, 246
    • Id. at 218-19, 246.
  • 140
    • 78651279438 scopus 로고
    • The Roosevelt Court, Democratic Ideology, Another look at United States v. Classic
    • David Bixby, The Roosevelt Court,Democratic Ideology, Another 1ook at United States v. Classic, 90 Yale 1.J. 741,746-753 (1981)
    • (1981) 90 Yale 1.J. , vol.741 , pp. 746-753
    • Bixby, D.1
  • 141
    • 78651294795 scopus 로고    scopus 로고
    • W. Va. State Bd. of Educ. v. Barnette, 319 U.S. 624 (1943
    • W. Va. State Bd. of Educ. v. Barnette, 319 U.S. 624 (1943).
  • 142
    • 78651343185 scopus 로고    scopus 로고
    • Minersvi11e Sch. Dist. v. Gobitis, 310 U.S. 586 (1940
    • Minersvi11e Sch. Dist. v. Gobitis, 310 U.S. 586 (1940).
  • 143
    • 78651289354 scopus 로고    scopus 로고
    • note
    • For example, in Epstein et a1.'s important quantitative study, war/crisis-related cases begin with Pear1 Harbor and end with V-J day, 1eaving cases outside this timeframe as the non-wartime cases against which cases within these dates are compared. Epstein et a1., supra note 1, at 46-̌7. 105 1i11ian and WILLIAM's 1ast name is misspe11ed in court documents. Although "Gobitis" is in the case name, the correct spe11ing of their name is "Gobitas." Shawn Francis Peters, Judging Jehovah's Witnesses: Religious Persecution and the Dawn of the Rights Revolution 19 (2000).
  • 146
    • 78651321527 scopus 로고    scopus 로고
    • When are you going to indict the seditionists?
    • See Geoffrey Stone, When Are You Going to Indict the Seditionists?, 2 Int'1 J. Const. 1. 334,366 (2004).
    • (2004) 2 Int'1 J. Const. 1. 334 , pp. 366
    • Stone, G.1
  • 147
    • 78651285648 scopus 로고    scopus 로고
    • 319 U.S. at 641. Robert Tsai suggests that Jackson drew upon President Roosevelt's idea of the "Four Freedoms," and that Roosevelt's influence was important to the outcome of the case. Robert 1. Tsai, Reconsidering Gobitis: An Exercise in Presidentia1 1eadership, 86 Wash. U. 1.R. 363, 363̌143 2008
    • 319 U.S. at 641. Robert Tsai suggests that Jackson drew upon President Roosevelt's idea of the "Four Freedoms," and that Roosevelt's influence was important to the outcome of the case. Robert 1. Tsai, Reconsidering Gobitis: An Exercise in Presidentia1 1eadership, 86 Wash. U. 1.R. 363, 363̌143 (2008).
  • 148
    • 78651310695 scopus 로고    scopus 로고
    • Mark A. Graber Counter-Stories: Maintaining and Expanding Civil liberties in Wartime in The Constitution in Wartime: Beyond Alarmism and Complacency 96 (Mark Tushnet ed. 2005). Richard A. Primus argues that the change from Gobitis to Barnette can be explained by the Court's concerns about Nazism in Barnette, a concern he implies was new in that case. Richard A. Primus, The American 1anguage of Rights 197-99, (1999
    • Mark A. Graber, Counter-Stories: Maintaining and Expanding Civil 1iberties in Wartime, in The Constitution in Wartime: Beyond Alarmism and Complacency 96 (Mark Tushnet ed., 2005). Richard A. Primus argues that the change from Gobitis to Barnette can be explained by the Court's concerns about Nazism in Barnette, a concern he implies was new in that case. Richard A. Primus, The American 1anguage of Rights 197-99 (1999)
  • 149
    • 78651339437 scopus 로고
    • supra note 1, at 46-47. Other scholars, in contrast, view Gobitis as affected by the context of war. 1awrence Friedman, American 1aw in the Twentieth Century 282-84 (2002); Murphy, supra note 96, at 197; Peters, supra note 105, at 48, 52-55, 69-70; Richard Danzig, How Questions Begot Answers in Felix Frankfurter's First Flag Salute Opinion
    • see also Epstein et al., supra note 1, at 46-47. Other scholars, in contrast, view Gobitis as affected by the context of war. 1awrence Friedman, American 1aw in the Twentieth Century 282-84 (2002); Murphy, supra note 96, at 197; Peters, supra note 105, at 48, 52-55, 69-70; Richard Danzig, How Questions Begot Answers in Felix Frankfurter's First Flag Salute Opinion, 1977 Sup. Ct. Rev. 257,266-74 (1977).
    • (1977) 1977 Sup. Ct. Rev. 257 , pp. 266-274
    • Epstein1
  • 150
    • 78651270762 scopus 로고    scopus 로고
    • 310 U.S. at 595
    • 310 U.S. at 595.
  • 151
    • 78651340302 scopus 로고    scopus 로고
    • Peters, supra note 105, at 48, 52-55, 69-70; Danzig, supra note 109, at 266-274.
    • Peters, supra note 105, at 48,52-55,69-70; Danzig, supra note 109, at 266-274.
  • 152
    • 78651298810 scopus 로고    scopus 로고
    • Kennedy, supra note 78, at 426-27,438-43
    • Kennedy, supra note 78, at 426-27,438-43.
  • 153
    • 78651296171 scopus 로고    scopus 로고
    • Peters, supra note 105, at 55.
    • Peters, supra note 105, at 55.
  • 154
    • 78651319873 scopus 로고    scopus 로고
    • Id.sXSA
    • Id.sXSA.
  • 155
    • 78651327967 scopus 로고    scopus 로고
    • Id at 65.
    • Id. at 65.
  • 156
    • 78651345554 scopus 로고    scopus 로고
    • Note
    • Another example is the importance of ColD War foreign relations to Civil rights reform, including Brown v. Board of Education. Brown v. Bd. of Educ. of Topeka, 347 U.S. 483 (1954). The Justice Department argued in its amicus brief in Brown that "the existence of discrimination against minority groups in the United States has an adverse effect upon our relations with other countries." Brief for the United States as Amicus Curiae at 6, Brown v. Bd. of Educ. of Topeka, 347 U.S. 483 (1954) (No. 8), 1952 W1 82045. Thousands of State Department documents from the era detai1 the way race discrimination harmed the U.S. image around the world, undermining the American ColD War mission. Mary 1. Dudziak, ColD War Civil Rights: Race and the Image of American Democracy 104-06 (2000);
  • 157
  • 159
    • 78651340454 scopus 로고    scopus 로고
    • Graber, supra note 109; Philip Klinkner & Rogers Smith, The Unsteady March: The Rise and Decline of Racia1 Equality in America 1999. It is more accurate to see this work as a cha11enge to the idea that war/security-related impacts are 1imited to time zones rather than as a reinforcement of it
    • See, e.g., Graber, supra note 109; Philip Klinkner & Rogers Smith, The Unsteady March: The Rise and Decline of Racia1 Equality in America (1999). It is more accurate to see this work as a cha11enge to the idea that war/security-related impacts are 1imited to time zones rather than as a reinforcement of it.
  • 162
    • 78651316986 scopus 로고    scopus 로고
    • Civil 1iberties Act of 1988, 50 App. U.S.C. §§ 1989-1989(d) (2006) ("Restitution for World War II Internment of Japanese-Americans and Aleuts"
    • Civil 1iberties Act of 1988, 50 App. U.S.C. §§ 1989-1989(d) (2006) ("Restitution for World War II Internment of Japanese-Americans and Aleuts").
  • 165
    • 78651284310 scopus 로고    scopus 로고
    • Irons, supra note 117; tenBroek et a1. supra note 117.
    • E.g., Irons, supra note 117; tenBroek et a1., supra note 117.
  • 166
    • 78651314771 scopus 로고    scopus 로고
    • during World War II, President Roosevelt responded to pressure from Civil rights 1eaders and issued an executive order calling for nondiscrimination in defense industries and creating the Committee on Fair Employment Practices. See Mer1 E. Reed, Seedtime for the Modern Civil Rights Movement: The President's Committee on Fair Employment Practice 1941-1946, (1991
    • For example, during World War II, President Roosevelt responded to pressure from Civil rights 1eaders and issued an executive order calling for nondiscrimination in defense industries and creating the Committee on Fair Employment Practices. See Mer1 E. Reed, Seedtime for the Modern Civil Rights Movement: The President's Committee on Fair Employment Practice 1941-1946 (1991);
  • 170
    • 78651335413 scopus 로고    scopus 로고
    • Wilson Makes Suffrage Appea1 but Senate Waits, N.Y. Times, Oct. 1, 1918, at 13
    • Wilson Makes Suffrage Appea1 but Senate Waits, N.Y. Times, Oct. 1, 1918, at 13.
  • 171
    • 0003587157 scopus 로고    scopus 로고
    • On war and the exclusion of women from military service as an impediment to gender equality, see 1inda K. Kerber, No Constitutiona1 Right to Be 1adies (1999
    • See also Alexander Keyssar, The Right to Vote: The Contested History of Democracy in the United States 174 (2009). On war and the exclusion of women from military service as an impediment to gender equality, see 1inda K. Kerber, No Constitutiona1 Right to Be 1adies (1999).
    • (2009) The Right to Vote: The Contested History of Democracy in the United States 174
    • Keyssar, A.1
  • 172
    • 58149329118 scopus 로고    scopus 로고
    • Fighting women: The military, sex, and extrajudicia1 constitutiona1 change
    • Ji11 Elaine Hasday, Fighting Women: The Military, Sex, and Extrajudicia1 Constitutiona1 Change, 93 Minn. 1. Rev. 96 (2008).
    • (2008) 93 Minn. 1. Rev. , pp. 96
    • Hasday, J.E.1
  • 173
    • 78651293890 scopus 로고    scopus 로고
    • Kryder, supra note 122, at 3-4, 251; Nalty, supra note 122, at 4
    • See, e.g., Kryder, supra note 122, at 3-4,251; Nalty, supra note 122, at 4.
  • 176
    • 78651275093 scopus 로고    scopus 로고
    • Stone, supra note 3. For an extended discussion of the way the ColD War figures in scholarship on war and individua1 rights
    • See, e.g., Stone, supra note 3. For an extended discussion of the way the ColD War figures in scholarship on war and individua1 rights,
  • 180
    • 78651319532 scopus 로고
    • On the broad impact of war and militarization on American CULTURE and politics during this era
    • On the broad impact of war and militarization on American CULTURE and politics during this era, see Michae1 S. Sherry, In the Shadow of War: The United States Since the 1930s (1995).
    • (1995) In the Shadow of War: The United States Since the 1930s
    • Sherry, M.S.1
  • 183
    • 78651319533 scopus 로고    scopus 로고
    • See Graber supra note 109 (relying on Klinkner & Smith, supra note 116
    • See Graber, supra note 109 (relying on Klinkner & Smith, supra note 116).
  • 184
    • 78651337072 scopus 로고    scopus 로고
    • According to Brandon, since the Revolutionary War "armed forces of the United States have participated in eighty-four distinct, significant engagements In aggregate, these wars and actions have occurred in 182 of the 1ast 228 years since 1776." Brandon, supra note 7, at 11. Only six of these wars were declared. Id.
    • According to Brandon, since the Revolutionary War, "armed forces of the United States have participated in eighty-four distinct, significant engagements In aggregate, these wars and actions have occurred in 182 of the 1ast 228 years since 1776." Brandon, supra note 7, at 11. Only six of these wars were declared. Id.
  • 186
    • 78651278250 scopus 로고    scopus 로고
    • In recent years, scholarship emphasizing the role of war in American history, including the impact of war on state-building, has proliferated. E.g., Fred Anderson & Andrew Cayton, The Dominion of War: Empire and 1iberty in North America, 1500-2000 (2005
    • In recent years, scholarship emphasizing the role of war in American history, including the impact of war on state-building, has proliferated. E.g., Fred Anderson & Andrew Cayton, The Dominion of War: Empire and 1iberty in North America, 1500-2000 (2005);
  • 187
    • 78651341346 scopus 로고    scopus 로고
    • Boot, supra note 63
    • Boot, supra note 63
  • 189
    • 78651284309 scopus 로고    scopus 로고
    • Renda, supra note 63, Sparrow, supra note 9; see also Kramer, supra note 63
    • Renda, supra note 63, Sparrow, supra note 9; see also Kramer, supra note 63.
  • 190
    • 78651306341 scopus 로고    scopus 로고
    • Sherry, supra note 127.
    • See Sherry, supra note 127.
  • 191
    • 78651319872 scopus 로고    scopus 로고
    • Id; Martin Shefter Internationa1 Influences on American Politica1 Development in Shaped by War and Trade: Internationa1 Influences on American Politica1 Development (Ira Katznelson & Martin Shefter eds. 2002
    • Id; Martin Shefter, Internationa1 Influences on American Politica1 Development, in Shaped by War and Trade: Internationa1 Influences on American Politica1 Development (Ira Katznelson & Martin Shefter eds., 2002).
  • 192
    • 78651331210 scopus 로고    scopus 로고
    • Kramer, supra note 63, at 1
    • Kramer, supra note 63, at 1.
  • 193
    • 78651317816 scopus 로고    scopus 로고
    • Id
    • Id.
  • 194
    • 78651325578 scopus 로고    scopus 로고
    • Id On American empire, see Foreign in a Domestic Sense: Puerto Rico, American Expansion, and the Constitution (Christina Duffy Burnette & Burke Marsha11 eds., 2001
    • Id On American empire, see Foreign in a Domestic Sense: Puerto Rico, American Expansion, and the Constitution (Christina Duffy Burnette & Burke Marsha11 eds., 2001);
  • 195
    • 77953562168 scopus 로고    scopus 로고
    • "They say I am not an American ⋯": The Noncitizen National and the law of American Empire
    • Boot, supra note 63, at 129-204. On Haiti
    • Christina Duffy Burnett, "They say I am not an American ⋯": The Noncitizen Nationa1 and the 1aw of American Empire, 48 Va. J. Int'1. 1. 659 (2008). Boot, supra note 63, at 129-204. On Haiti,
    • (2008) 48 Va. J. Int'l. , vol.1 , Issue.659
    • Burnett, C.D.1
  • 196
    • 78651293443 scopus 로고
    • In addition, U.S. courts defined the Boxer Rebe11ion in China in 1900 as a U.S. wartime. Hamilton v. McClaughry, 136 F. 445, 451
    • Renda, supra note 63. For American veterans, war was ongoing. Criteria for membership in the Veterans of Foreign Wars includes conflicts during most years of the twentieth century
    • see Renda, supra note 63. In addition, U.S. courts defined the Boxer Rebe11ion in China in 1900 as a U.S. wartime. Hamilton v. McClaughry, 136 F. 445, 451 (D. Kan. 1905). For American veterans, war was ongoing. Criteria for membership in the Veterans of Foreign Wars includes conflicts during most years of the twentieth century. See VFW Eligibi1ity Information, Veterans of Foreign Wars (Oct. 2005).
    • (1905) VFW Eligibi1ity Information, Veterans of Foreign Wars (Oct. 2005)
    • D., Kan.1
  • 197
    • 78651286068 scopus 로고    scopus 로고
    • see also Dudziak, supra note 127
    • see also Dudziak, supra note 127.
  • 198
    • 78651280705 scopus 로고    scopus 로고
    • Note
    • See Brewer, supra note 11, at 55-57, 98-104. During World War II, President Roosevelt created the Office of War Information, while the 1ess successfu1 Committee for Public Information, also known as the Cree1 Committee, operated during World War I. A11en M. Winkler, The Politics of Propaganda: The Office of War Information, 1942-1945 1-3 (1978). On mass mobilization during World War I, see Christopher Capozzola, Uncle Sam Wants You: World War I and the Making of the Modern American Citizen (2008).
  • 199
    • 78651297943 scopus 로고    scopus 로고
    • John Morton Blum V Was for Victory: Politics and American CULTURE During World War II 17 (1976
    • John Morton Blum, V Was for Victory: Politics and American CULTURE During World War II 17 (1976).
  • 200
    • 78651299252 scopus 로고    scopus 로고
    • Id
    • Id.
  • 201
    • 78651342385 scopus 로고    scopus 로고
    • Id
    • Id.
  • 203
    • 78651308424 scopus 로고    scopus 로고
    • On the impact of war on civic engagement, see Theda Skocpo1 et a1. Patriotic Partnerships: Why Great Wars Nourished American Civic Volunteerism, in Shaped by War and Trade: Internationa1 Influences on American Politica1 Development 134-80 (Ira Katznelson & Martin Shefter eds. 2002
    • On the impact of war on civic engagement, see Theda Skocpo1 et a1., Patriotic Partnerships: Why Great Wars Nourished American Civic Volunteerism, in Shaped by War and Trade: Internationa1 Influences on American Politica1 Development 134-80 (Ira Katznelson & Martin Shefter eds., 2002).
  • 208
    • 78651267149 scopus 로고    scopus 로고
    • Boyer, supra note 130, at 353; May, supra note 130, at 223
    • Boyer, supra note 130, at 353; May, supra note 130, at 223.
  • 209
    • 78651317818 scopus 로고    scopus 로고
    • lewis, supra note 46, at 317, 339-40 (2007
    • lewis, supra note 46, at 317, 339-40 (2007)
  • 210
    • 78651311981 scopus 로고    scopus 로고
    • Iraq and the 1essons of Vietnam (lloyd C. Gardner & Marilyn B. Young eds. 2007) (arguing that the 1essons of Vietnam were misapplied in the 2003 war in Iraq). lewis, supra note 46, at 317.
    • see also Iraq and the 1essons of Vietnam (lloyd C. Gardner & Marilyn B. Young eds., 2007) (arguing that the lessons of Vietnam were misapplied in the 2003 war in Iraq). lewis, supra note 46, at 317.
  • 211
    • 78651281121 scopus 로고    scopus 로고
    • Id. at 339
    • Id. at 339.
  • 212
    • 78651335412 scopus 로고    scopus 로고
    • Id. at 317,339̌0. Thomas Donnelly American Enterprise Institute for Public Policy Research, Strategy and Air Power 1, availab1e at
    • Id. at 317,339̌0. Thomas Donne11y, American Enterprise Institute for Public Policy Research, Strategy and Air Power 1 (2005), availab1e at 20050302-NSOMarch05-graphics.pdf.
    • (2005)
  • 213
    • 78651292570 scopus 로고    scopus 로고
    • 1ewis, supra note 46, at 375
    • 1ewis, supra note 46, at 375.
  • 215
    • 78651304582 scopus 로고    scopus 로고
    • Id. at 374-75
    • Id. at 374-75.
  • 216
    • 0004312305 scopus 로고    scopus 로고
    • discussing the disconnect between 1ife on American military bases in the United States and in the rest of the country
    • See genera11y Catherine 1utz, Homefront: A Military City and the American 20th Century (2001) (discussing the disconnect between 1ife on American
    • (2001) Homefront: A Military City and the American 20th Century
    • Lutz, C.1
  • 220
    • 78651345959 scopus 로고    scopus 로고
    • There is an expanding 1iterature on the ways the American public has been mobilized for war. See, e.g., Brewer, supra note 11; Casey, supra note 148; Steven Casey, Cautious Crusade: Franklin D. Roosevelt, American Public Opinion, and the War Against Nazi Germany (2001
    • There is an expanding 1iterature on the ways the American public has been mobilized for war. See, e.g., Brewer, supra note 11; Casey, supra note 148; Steven Casey, Cautious Crusade: Franklin D. Roosevelt, American Public Opinion, and the War Against Nazi Germany (2001).
  • 221
    • 78651322969 scopus 로고    scopus 로고
    • Bombing Civilians: A Twentieth Century History (Yuki Tanaka & Marilyn B. Young eds., 2008
    • Bombing Civilians: A Twentieth Century History (Yuki Tanaka & Marilyn B. Young eds., 2008);
  • 222
    • 78651341347 scopus 로고    scopus 로고
    • Marilyn Young "1imited War" (on file with author
    • Marilyn Young, "1imited War" (on file with author).
  • 223
    • 78651317817 scopus 로고    scopus 로고
    • Michae1 Sherry places the nuclear age within the context of the history of airpower, suggesting that airpower, rather than atomic weapons, was initia11y responsible for the erosion of the boundaries between wartime and peacetime. See Sherry, supra note 69
    • Michae1 Sherry places the nuclear age within the context of the history of airpower, suggesting that airpower, rather than atomic weapons, was initia11y responsible for the erosion of the boundaries between wartime and peacetime. See Sherry, supra note 69.
  • 224
    • 78651289763 scopus 로고    scopus 로고
    • Bixby, supra note 101, at 746-53
    • See, e.g., Bixby, supra note 101, at 746-53.
  • 225
    • 78651302504 scopus 로고    scopus 로고
    • Michae1 Sherry argues that militarization has been a centra1 feature of American history since the 1930s, but some scholars view war as centra1 to shaping the nation from the founding. Sherry, supra note 130, at xi, 15
    • Michae1 Sherry argues that militarization has been a centra1 feature of American history since the 1930s, but some scholars view war as centra1 to shaping the nation from the founding. Sherry, supra note 130, at xi, 15.
  • 226
    • 78651318257 scopus 로고    scopus 로고
    • Note
    • see also Porter, supra note 135, at 243-96. While many scholars confine their analysis to externa1 wars after the Civil War, Peter Maguire focuses on the militarization of the western border during American expansion, and sees American wars with American Indian nations as important to shaping American nationa1 identity in the nineteenth century. Peter Maguire, 1aw and War: An American Story 6-7, 19-37 (2001).
  • 227
    • 78651291482 scopus 로고    scopus 로고
    • note
    • One example was the need to address Civil rights during the early years of the ColD War when race discrimination harmed U.S. internationa1 prestige and was thought to undermine U.S. foreign policy objectives. Dudziak, ColD War Civil Rights, supra note 116, at 80-83. The historiography on rights and the ColD War is discussed in more detai1 in Dudziak, supra note 127. President George W. Bush, President Discusses War on Terror at Nationa1 Endowment for Democracy (Oct. 6, 2005), availab1e at . gov/news/releases/2005/10/20051006-3 .htm1.
  • 229
    • 70449407309 scopus 로고    scopus 로고
    • Id. For Vice President Dick Cheney the war on terror appeared to extend backwards in time. He told visiting diplomats "There was a war on in the 1990's, but we didn't know it."Z David E. Sanger, Does Calling It Jihad Make It So?, Aug. 13, availab1e at
    • Id. For Vice President Dick Cheney, the war on terror appeared to extend backwards in time. He told visiting diplomats, "There was a war on in the 1990's, but we didn't know it." David E. Sanger, Does Calling It Jihad Make It So?, N.Y. Times, Aug. 13, 2006, availab1e at. http://www.nytimes.com/2006/ 08/13/weekinreview/13sanger.htm1
    • (2006) N.Y. Times
  • 230
    • 78651264564 scopus 로고    scopus 로고
    • Samue1 Issacharoff & Richard H. Pildes Between Civil 1ibertarianism and Executive Unilatera1ism: An Institutiona1 Process Approach to Rights During Wartime in The Constitution in Wartime: Beyond Alarmism and Complacency 124-40 (Mark Tushnet ed. 2005
    • Samue1 Issacharoff & Richard H. Pildes, Between Civil 1ibertarianism and Executive Unilatera1ism: An Institutiona1 Process Approach to Rights During Wartime, in The Constitution in Wartime: Beyond Alarmism and Complacency 124-40 (Mark Tushnet ed., 2005).
  • 233
    • 78651313941 scopus 로고    scopus 로고
    • Kim Scheppele law in a Time of Emergency: States of Exception and the Temptations of 9/11 , As "emergency" became a dominant framing device, some scholars recharacterized American wartimes as emergency times. See Eric A. Posner & Adrien Vermeule, Terror in the Balance: Security, 1iberty, and the Courts 2007
    • Kim Scheppele, 1aw in a Time of Emergency: States of Exception and the Temptations of 9/11, 6 U. Pa. J. Const. 1. 1001 (2004). As "emergency" became a dominant framing device, some scholars recharacterized American wartimes as emergency times. See Eric A. Posner & Adrien Vermeule, Terror in the Balance: Security, 1iberty, and the Courts (2007).
    • (2004) 6 U. Pa. J. Const. 1. 1001
  • 234
    • 78651303362 scopus 로고    scopus 로고
    • Note
    • Mark Tushnet argues, The already 1ong duration of the "war on terrorism" suggests that we ought not think of it as a war in the sense that the Second World War was a war. It is, perhaps, more 1ike a condition than a war-more 1ike the war on cancer, the war on poverty, or, most pertinently, the war on crime. Suspending 1egality during a time-1imited war is one thing. Suspending it during a more or 1ess permanent condition is quite another. Mark Tushnet, Emergencies and the Idea of Constitutionalism, in The Constitution in Wartime: Beyond Alarmism and Complacency 45 (Mark Tushnet ed., 2005). I agree with Tushnet that the post-9/11 era should be viewed as "a norma1 state of affairs" and not an emergency; however I would also place it in the continuum of American warfare, since norma1 time has been war time for at 1east the past hundred years.
  • 235
    • 78651293014 scopus 로고    scopus 로고
    • Justice O'Connor noted that there was "some debate as to the proper scope" of the term "enemy combatant," but in this case, the "enemy combatant" was a person the government a11eged was "'part of or supporting forces hostile to the United States or coalition partners' in Afghanistan and who 'engaged in an armed conflict against the United States' there."
    • Justice O'Connor noted that there was "some debate as to the proper scope" of the term "enemy combatant," but in this case, the "enemy combatant" was a person the government a11eged was "'part of or supporting forces hostile to the United States or coalition partners' in Afghanistan and who 'engaged in an armed conflict against the United States' there." Hamdi v. Rumsfeld, 542 U.S. 507, 516 (2004).
    • (2004) Hamdi v. Rumsfeld, 542 U.S. , vol.507 , pp. 516
  • 236
    • 78651266282 scopus 로고    scopus 로고
    • Id. at 520
    • Id. at 520.
  • 237
    • 78651265419 scopus 로고    scopus 로고
    • Id
    • Id.
  • 238
    • 78651308425 scopus 로고    scopus 로고
    • Id. at 521
    • Id. at 521.
  • 239
    • 78651319101 scopus 로고    scopus 로고
    • Note
    • Id. The plura1ity found, however, that due process required that Hamdi have an opportunity to cha11enge his detention. "We have 1ong since made clear that a state of war is not a blank check for the president when it comes to the rights of the nation's citizens," O'Connor wrote. Id. Justice Antonin Scalia went further in his concurrence, arguing that the only 1awfu1 options for the government were for Congress to suspend the right to habeas corpus, which Congress may do only in times of invasion or rebe11ion, or Hamdi must be tried using the usua1 procedures in crimina1 cases. Id. at 573 (Scalia, J., concurring). In Rasu1 v. Bush, a case involving foreign nationals captured in Afghanistan and held at Guantanamo, the Court held that it had power to hear their habeas corpus petition. 542 U.S. 466 (2004). Justice Kennedy, concurring, expressed concern that "as the period of detention stretches from months to years, the case for continued detention to meet military exigencies becomes weaker." Id. at 488 (2004) (Kennedy, J., concurring);
  • 240
    • 78651288188 scopus 로고    scopus 로고
    • Stevens, J., dissenting, (expressing concern about "[i]ncommunicado detention for months on end"
    • see also Rumsfeld v. Padi11a, 542 U.S. 426, 465 (2004) (Stevens, J., dissenting) (expressing concern about "[i]ncommunicado detention for months on end");
    • (2004) Rumsfeld v. Padi11a, 542 U.S. , vol.426 , pp. 465
  • 243
    • 78651281120 scopus 로고    scopus 로고
    • Id. at 771
    • Id. at 771.
  • 244
    • 78651322398 scopus 로고    scopus 로고
    • Id. at 771
    • Id. at 771.
  • 245
    • 78651345125 scopus 로고    scopus 로고
    • Id. at 785
    • Id. at 785.
  • 246
    • 78651300120 scopus 로고    scopus 로고
    • Id at 794.
    • Id. at 794.
  • 247
    • 78651325159 scopus 로고    scopus 로고
    • See, e.g., Fisher, supra note 48, at 188-206
    • See, e.g., Fisher, supra note 48, at 188-206, 361; Jack Goldsmith, The Terror Presidency 102-04 (2007);
    • (2007) Jack Goldsmith, The Terror Presidency , vol.361 , pp. 102-04
  • 251
    • 84862885414 scopus 로고    scopus 로고
    • 39-58 (Julian Zelizer ed., 2010)
    • See genera11y Mary 1. Dudziak, A Sword and a Shield: The Uses of 1aw in the Bush Administration, in The Presidency of George W. Bush: A First Historica1 Assessment 39-58 (Julian Zelizer ed., 2010).
  • 252
    • 78651340453 scopus 로고
    • Public Papers of the Presidents, John T. Woo11ey & Gerhard Peters eds., The American Presidency Project 1ast visited Oct. Jan. 17 University of California, Santa Barbara, CA
    • President Dwight D. Eisenhower, Farewe11 Radio and Television Address to the American People, Jan. 17, 1961, Public Papers of the Presidents, John T. Woo11ey & Gerhard Peters eds., The American Presidency Project, University of California, Santa Barbara, CA, (1ast visited Oct. 2,2010).
    • (1961) Eisenhower Farewe11 Radio and Television Address to the American People , vol.2 , pp. 2010
    • President Dwight, D.1
  • 253
    • 78651340301 scopus 로고    scopus 로고
    • Id
    • Id.
  • 254
    • 78651324700 scopus 로고    scopus 로고
    • Id
    • Id.
  • 255
    • 78651338589 scopus 로고    scopus 로고
    • Id
    • Id.
  • 256
    • 78651292114 scopus 로고    scopus 로고
    • Adrien 1ewis points to this problem, noting that with the demise of the citizen soldier with the move to a11-volunteer forces, the relationship between the people, the military, and the government was severed undermining democratic checks on military action. 1ewis, supra note 46, at xix
    • Adrien 1ewis points to this problem, noting that with the demise of the citizen soldier with the move to a11-volunteer forces, the relationship between the people, the military, and the government was severed undermining democratic checks on military action. 1ewis, supra note 46, at xix.
  • 257
    • 78651295743 scopus 로고    scopus 로고
    • Working and shopping and playing, worshipping at churches and synagogues and mosques, going to movies and to baseba11 games
    • After September 11, 2001, the government erected security barriers in American cities, but President George W. Bush praised Americans for carrying on with their daily 1ives
    • see also Car1 von Clausewitz, On War 13-31 (Michae1 Howard & Peter Paret trans., Beatrice Heuser ed., 2007). After September 11, 2001, the government erected security barriers in American cities, but President George W. Bush praised Americans for carrying on with their daily 1ives, "working and shopping and playing, worshipping at churches and synagogues and mosques, going to movies and to baseba11 games." President George W. Bush, Address to the Nation, November 8, 2001, 1/20011108-13.htm1. The administration announced homeland security color codes to enable awareness of the 1eve1 of the threat from terrorism, but these codes were widely satirized. Homeland Security Presidentia1 Directive-3, Department of Homeland Security, March 11, 2002, http://www.dns.gov/xabout/1aws/gc-1214508631313.shtm. This contrasts with World War II, when consumer goods were rationed, and Americans were encouraged to buy bonds to fund the war and plant "victory gardens." Engagement with World War II pervaded daily 1ife. Kennedy,
    • (2007) President George W. Bush, Address to the Nation, November 8, 2001


* 이 정보는 Elsevier사의 SCOPUS DB에서 KISTI가 분석하여 추출한 것입니다.