Legislating Against Liberties: How Congress Suppresses Constitutional Rights After Wars (Constitutional Thinking)

A sobering and eyeopening indictment that Congress has consistently been the most dangerous branch of government when it comes to protecting, and undermining, civil liberties-particularly in the wake of military conflict. Why do wartime restrictions on civil liberties outlive their original justifications?Scholars have long argued that the blame lies with the executive branch of government.Their logic is straightforward: during war, lawmakers require (in Alexander Hamilton’s words) “decision, activity, secrecy, and dispatch,” so they choose to enable executive leadership.Executives promise to wield extraordinary powers temporarily, only to entrench them indefinitely.This book tests how these claims hold up in four pivotal moments in US history: the Civil War, World War I, World War II, and Vietnam.Ultimately, it finds them wanting. Harry Blain argues that national legislators are decisive in sustaining postwar restrictions on civil liberties.These elected officials have formidable tool