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Total War and the Law: The American Home Front in World War II

Editat de Daniel R. Ernst, Victor Jew
en Limba Engleză Hardback – 29 dec 2002 – vârsta până la 17 ani
Now, more than ever, we need to avoid nostalgia in thinking about the Good War. This collection of essays reveals some of the challenges that Americans' commitment to the rule of law faced during the Second World War. As a total war, World War II required an unprecedented mobilization of society and growth of the federal government. The American state survived as a government of laws, not men, but in a very different form than its prewar counterpart. Using examples from the war era, this study demonstrates that major wars can imperil and transform one of our most deeply held values, the notion that public officials are constructed by law.As a result of total war, the political landscape changed, and, with it, Americans' notions of what law could do. Supreme Court justices endangered their reputation as being above politics through their behind-the-scenes relations with FDR, and in several important constitutional decisions they relinquished the judicial supremacy that many Americans had considered a crucial safeguard of freedom. The national government's power to tax was dramatically expanded in ways that left tax resistors looking like cranks rather than freedom fighters. When New Dealers tried to realize the potential of law as a vehicle of social organization, they fell prey to conservative rivals in the federal bureaucracy and Congress, but this defeat did nothing to slow the overall expansion of the administrative state, which continued under the formal oversight of the federal judiciary.
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Specificații

ISBN-13: 9780275975982
ISBN-10: 0275975983
Pagini: 248
Dimensiuni: 156 x 235 x 25 mm
Greutate: 0.51 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Praeger
Locul publicării:New York, United States

Notă biografică

DANIEL R. ERNST is Professor of Law at Georgetown University Law Center. He is the author of Lawyers against Labor (1995).VICTOR JEW is an Assistant Professor at Michigan State University.

Cuprins

Introduction by Daniel R. Ernst and Victor JewInter Arma Silent Leges: Extrajudicial Activity, Patriotism and the Rule of Law by Melvin I. UrofskySabotage, Treason, and Military Tribunals in World War II by William M. WiecekRedeeming Whiteness in the Shadow of Internment: The Racial Redemption of Earl Warren by Sumi ChoReconsidering An American Dilemma: War, Statebuilding, and the Politics of Black Militancy in the Twentieth Century by Danial KryderVivien Kellems and the Folkways of Taxation by Carolyn C. JonesThe Ideal and the Actual in the State: Willard Hurst at the Board of Economic Warfare by Daniel R. ErnstReining in the Administrative State: World War II and the Decline of Expert Administration by Reuel E. SchillerBibliography