Dissertations, Theses, and Capstone Projects
Date of Degree
6-2022
Document Type
Dissertation
Degree Name
Ph.D.
Program
Political Science
Advisor
Susan Woodward
Committee Members
Zachary Shirkey
Andrew Polsky
Subject Categories
American Politics | Comparative Politics | Constitutional Law | International Relations | Law and Politics | Law and Society | Legal History | National Security Law | President/Executive Department
Keywords
war, civil liberties, congress, presidency, American political development
Abstract
How far can a democracy go to protect itself without jeopardizing the liberties upon which democracy depends? This dissertation examines why wartime restrictions on civil liberties outlive their original justifications. Through a comparative historical analysis of five major American wars, it illustrates the decisive role of the U.S. Congress in preserving these restrictions during peacetime. This argument challenges the prevailing consensus in the literature, which identifies wartime executive power as the main threat to postwar freedoms. It also reveals broader narratives of American constitutional development, including the rise and fall of intrusive congressional investigations, the decline of sedition legislation since the Second World War, and the growth of federal subsidies for aggressive local policing since the Vietnam War.
Recommended Citation
Blain, Harry, "Legislating Against Liberties: Congress and the Constitution in the Aftermath of War" (2022). CUNY Academic Works.
https://academicworks.cuny.edu/gc_etds/4802
Included in
American Politics Commons, Comparative Politics Commons, Constitutional Law Commons, International Relations Commons, Law and Politics Commons, Law and Society Commons, Legal History Commons, National Security Law Commons, President/Executive Department Commons