The Constitution in Times of War and Conflict

Catalog description

The United States Constitution was rooted in a governmental concept unique to the eighteenth century and unique to today- the separation of powers. This concept was intended by the Framers to limit, if not eliminate, centralized power in any one branch, which they regarded as a breeding ground for tyranny and as repugnant to liberty. The first Congress enacted, after ratification, 10 Amendments to the Constitution (The Bill of Rights) guaranteeing individual rights and liberties and protection thereof by due process of law. Throughout the course of this country's history there have been periods of war and conflict, foreign and domestic, when the system of checks and balances, integral to the separable triad, may have malfunctioned as a bullwork. As well, during these times, there have been putative governmental deprivations of liberties safeguarded by the Bill of Rights. Would the Framers and members of the first Congress have understood that certain governmental measures, inconsistent with the intended limitations of governmental power and intrusions on liberty, were sometimes required? Should we accept these inconsistencies and deprivations? The course will include a study of executive actions, legislation, and Supreme Court decisions during times of war and conflict when the law of the land has arguably fallen silent.