Total War And The Law
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...
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At a time when nostalgia for "the Good War" prevails, this collection of essays on the rule of law and the constitution during the Second World War demonstrates how major war can imperil the notion that public officials are constrained by law.
Introduction1Ch. 1Inter Arma Silent Leges: Extrajudicial Activity, Patriotism, and the Rule of Law19Ch. 2Sabotage, Treason, and Military Tribunals in World War II43Ch. 3Redeeming Whiteness in the Shadow of Internment: The Racial Redemption of Earl Warren75Ch. 4Reconsidering An American Dilemma: War, State-building, and the Politics of Black Militancy in the Twentieth Century101Ch. 5Vivien Kellems and the Folkways of Taxation121Ch. 6The Ideal and the Actual in the State: Willard Hurst at the Board of Economic Warfare149Ch. 7Reining in the Administrative State: World War II and the Decline of Expert Administration185Bibliography207Index225About the Contributors239
