E-mail:
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Bruce Ackerman bruce.ackerman at yale.edu
Ian Ayres ian.ayres at yale.edu
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Mary Dudziak mary.l.dudziak at emory.edu
Joey Fishkin joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber mgraber at law.umaryland.edu
Stephen Griffin sgriffin at tulane.edu
Jonathan Hafetz jonathan.hafetz at shu.edu
Jeremy Kessler jkessler at law.columbia.edu
Andrew Koppelman akoppelman at law.northwestern.edu
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Sanford Levinson slevinson at law.utexas.edu
David Luban david.luban at gmail.com
Gerard Magliocca gmaglioc at iupui.edu
Jason Mazzone mazzonej at illinois.edu
Linda McClain lmcclain at bu.edu
John Mikhail mikhail at law.georgetown.edu
Frank Pasquale pasquale.frank at gmail.com
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Michael Stokes Paulsen michaelstokespaulsen at gmail.com
Deborah Pearlstein dpearlst at yu.edu
Rick Pildes rick.pildes at nyu.edu
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In American history in particular, wartime dissent has a venerable lineage. Even during that most mythic of causes, the Revolution, fully one third of Americans opposed independence, in John Adams' famous estimate, while an equal third favored it. Only in retrospect did the Revolution become an unambiguously glorious endeavor.
Dissenters spoke out against virtually every subsequent conflict. The humiliating defeats of the War of 1812 made that fight so unpopular that the states of New England considered seceding from the Union. A generation later, many Americans viewed the Mexican-American War (not unreasonably) as an act of naked U.S. aggression. In 1848, shortly after the war's conclusion, Congress censured President James Polk for "unnecessarily and unconstitutionally" commencing hostilities. Supporting the rebuke was Illinois Rep. Abraham Lincoln, who attacked Polk as "a bewildered, confounded and miserably perplexed man."
Well, we all know what a traitor Abraham Lincoln was.
Not only have anti-war movements caused the nation little direct injury; they've made positive contributions. Dissent has produced important works of American political and social thought. Henry David Thoreau wrote his classic Civil Disobedience as a cri de coeur against the Mexican-American War ("the work of comparatively a few individuals using the standing government as their tool"). Randolph Bourne wrote his greatest essays protesting World War I.
Anti-war efforts have given rise, too, to valuable institutions and movements. From the War of 1812 emerged the first full-fledged peace organizations, a key part of the ensuing reform wave that brought penal reform, new opportunities for women, public education, and, in some states, the abolition of slavery. The aftermath of World War I saw the formation of the American Civil Liberties Union (headed by Roger Baldwin, who had been jailed for his dissent) and increasing protections for free speech.
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If the doves were [to] give in to their critics and shut up, then we would all have to trust the Bush administration completely to decide whether to continue, escalate, or end the war. The government would have a free hand to do as it likes. Far from showing their patriotism, critics who muzzle themselves in wartime are abdicating a democratic responsibility.
Greenberg is correct to suggest that something good might well come out of the present anti-war movements. A key question for our country is whether the Perle/Wolfowitz strategy of dominating and overthrowing countries like Iraq, and possibly Iran and North Korea makes sense, or whether this course is an arrogant overreaching that will destroy our security abroad and corrupt our democracy at home. The larger strategic interests of the United States, and the path that the country will follow in the decades to come, are very much at stake in what we do now. This is the worst possible time to shut off discussion.
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