In a Time of Total War

The Federal Judiciary and the National Defense - 1940-1954

Nonfiction, Science & Nature, Technology, Military Science, History, Military
Cover of the book In a Time of Total War by Joshua E. Kastenberg, Eric Merriam, Taylor and Francis
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Joshua E. Kastenberg, Eric Merriam ISBN: 9781317118053
Publisher: Taylor and Francis Publication: March 17, 2016
Imprint: Routledge Language: English
Author: Joshua E. Kastenberg, Eric Merriam
ISBN: 9781317118053
Publisher: Taylor and Francis
Publication: March 17, 2016
Imprint: Routledge
Language: English

This book is a judicial, military and political history of the period 1941 to 1954. As such, it is also a United States legal history of both World War II and the early Cold War. Civil liberties, mass conscription, expanded military jurisdiction, property rights, labor relations, and war crimes arising from the conflict were all issues to come before the federal judiciary during this period and well beyond since the Supreme Court and the lower courts heard appeals from the government’s wartime decisions well into the 1970s. A detailed study of the judiciary during World War II evidences that while the majority of the justices and judges determined appeals partly on the basis of enabling a large, disciplined, and reliable military to either deter or fight a third world war, there was a recognition of the existence of a tension between civil rights and liberties on the one side and military necessity on the other. While the majority of the judiciary tilted toward national security and deference to the military establishment, the judiciary’s recognition of this tension created a foundation for persons to challenge governmental narrowing of civil and individual rights after 1954. Kastenberg and Merriam present a clearer picture as to why the Court and the lower courts determined the issues before them in terms of external influences from both national and world-wide events. This book is also a study of civil-military relations in wartime so whilst legal scholars will find this study captivating, so will military and political historians, as well as political scientists and national security policy makers.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

This book is a judicial, military and political history of the period 1941 to 1954. As such, it is also a United States legal history of both World War II and the early Cold War. Civil liberties, mass conscription, expanded military jurisdiction, property rights, labor relations, and war crimes arising from the conflict were all issues to come before the federal judiciary during this period and well beyond since the Supreme Court and the lower courts heard appeals from the government’s wartime decisions well into the 1970s. A detailed study of the judiciary during World War II evidences that while the majority of the justices and judges determined appeals partly on the basis of enabling a large, disciplined, and reliable military to either deter or fight a third world war, there was a recognition of the existence of a tension between civil rights and liberties on the one side and military necessity on the other. While the majority of the judiciary tilted toward national security and deference to the military establishment, the judiciary’s recognition of this tension created a foundation for persons to challenge governmental narrowing of civil and individual rights after 1954. Kastenberg and Merriam present a clearer picture as to why the Court and the lower courts determined the issues before them in terms of external influences from both national and world-wide events. This book is also a study of civil-military relations in wartime so whilst legal scholars will find this study captivating, so will military and political historians, as well as political scientists and national security policy makers.

More books from Taylor and Francis

Cover of the book The Indian Parliament and Democratic Transformation by Joshua E. Kastenberg, Eric Merriam
Cover of the book Savoir Faire Plus by Joshua E. Kastenberg, Eric Merriam
Cover of the book The Discovery of Tahiti, A Journal of the Second Voyage of H.M.S. Dolphin Round the World, under the Command of Captain Wallis, R.N. by Joshua E. Kastenberg, Eric Merriam
Cover of the book Vrbes Extinctae by Joshua E. Kastenberg, Eric Merriam
Cover of the book The Politics of Plainchant in fin-de-siècle France by Joshua E. Kastenberg, Eric Merriam
Cover of the book Promoting Positive Parenting of Teenagers by Joshua E. Kastenberg, Eric Merriam
Cover of the book Markets for Federal Water by Joshua E. Kastenberg, Eric Merriam
Cover of the book Professional Misconduct against Juveniles in Correctional Treatment Settings by Joshua E. Kastenberg, Eric Merriam
Cover of the book Baseball and the American Dream by Joshua E. Kastenberg, Eric Merriam
Cover of the book Philosophy of Mind by Joshua E. Kastenberg, Eric Merriam
Cover of the book Gender and the Professions by Joshua E. Kastenberg, Eric Merriam
Cover of the book Adolescent Pregnancy and Parenting by Joshua E. Kastenberg, Eric Merriam
Cover of the book Primary Health Care: People, Practice, Place by Joshua E. Kastenberg, Eric Merriam
Cover of the book Encyclopedia of Percussion by Joshua E. Kastenberg, Eric Merriam
Cover of the book Tobias Smollett by Joshua E. Kastenberg, Eric Merriam
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy