In the Name of War: Judicial Review and the War Powers since 1918

May, Christopher N.

Published by Harvard University Press, 1989
ISBN 10: 067444549X / ISBN 13: 9780674445499
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For more than a century, in settings where the political branches of government were unable or unwilling to exercise self-restraint, the Supreme Court was disposed to treat federal war powers legislation as exempt from judicial review, an attitude that permitted numerous abuses from Prohibition to press censorship.

Though the First World War officially ended in 1918, the Senate's rejection of the Versailles Treaty kept the United States in a legal state of war until late 1921. Exploring the interplay between political and social events and the evolution of legal theory Christopher May tells how during this challenging three-year period, the government invoked the war powers to pursue ends otherwise beyond its reach: with the backing of Congress and seemingly free from judicial scrutiny, the Wilson administration took over the country's rail and communications systems, outlawed profiteering, prosecuted strikers, suppressed "radicals' and censored the leftist press. None of these measures bore any true relation to the war, says the author, who then describes the course through which the Supreme Court, confronted by this pattern of abuse, finally abandoned its long-standing refusal to review the constitutionality of war powers legislation.

In the Name of War explores the roles played by Woodrow Wilson, Joseph Tumulty, Albert Burleson, and A. Mitchell Palmer--men whose personal ambitions frequently shaped official policy in the late Progressive Era. After analyzing the Court's more recent record, including the internment of Japanese-Americans in World War II, May draws some practical conclusions about the use of judicial intervention in time of crisis that are sure to attract the attention of lawyers, legal scholars, historians, and students of the Constitution.

About the Author: Christopher N. May is James P. Bradley Professor of Constitutional Law, Loyola Law School, Los Angeles.

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Title: In the Name of War: Judicial Review and the ...
Publisher: Harvard University Press
Publication Date: 1989
Book Condition: Fair

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May, Christopher N.
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Book Description Harvard University Press, 1989. Hardcover. Book Condition: Fair. Dust Jacket Condition: Poor. Reading copy because it has damp staining on lower part of pages and that part of the pages are wavy, dust jacket has pieces missing and edge wear. Professor May makes a compelling cases that World War I was the second huge expansion of federal power, the Civil War was the first, under the umbrella of the war power extended into the post war period and it provided the foundation for the use of extraordinary powers during World War II. Bookseller Inventory # 008958

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Book Description Harvard University Press, 1989. Hardcover. Book Condition: Good. Ships with Tracking Number! INTERNATIONAL WORLDWIDE Shipping available. May not contain Access Codes or Supplements. Buy with confidence, excellent customer service!. Bookseller Inventory # 067444549X

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