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The constitution in wartime
beyond alarmism and complacency
By Mark, ed Tushnet & Tushnet, Mark V.
- ISBN
- 978-0-82233-468-2
- Publisher
- Durham : Duke University Press, 2005.
REVIEWS
Library Journal
Reviewed on June 15, 2005
Tushnet (constitutional law, Georgetown Univ. Law Ctr.) has assembled 11 essays from legal scholars who largely paint a picture of constitutional rights subjugated during wartime. The Roman doctrine inter arma silent leges ("in time of war laws are silent") has guided American presidents and the Supreme Court on many occasions, but time has proven repeatedly the danger in the Latin logic. The example most frequently cited is Korematsu v. United States (1944), wherein the Supreme Court voted that military neces...Log In or Sign Up to Read More
