E-mail:
Jack Balkin: jackbalkin at yahoo.com
Bruce Ackerman bruce.ackerman at yale.edu
Ian Ayres ian.ayres at yale.edu
Corey Brettschneider corey_brettschneider at brown.edu
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
Marty Lederman msl46 at law.georgetown.edu
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
Nate Persily npersily at gmail.com
Michael Stokes Paulsen michaelstokespaulsen at gmail.com
Deborah Pearlstein dpearlst at yu.edu
Rick Pildes rick.pildes at nyu.edu
David Pozen dpozen at law.columbia.edu
Richard Primus raprimus at umich.edu
K. Sabeel Rahmansabeel.rahman at brooklaw.edu
Alice Ristroph alice.ristroph at shu.edu
Neil Siegel siegel at law.duke.edu
David Super david.super at law.georgetown.edu
Brian Tamanaha btamanaha at wulaw.wustl.edu
Nelson Tebbe nelson.tebbe at brooklaw.edu
Mark Tushnet mtushnet at law.harvard.edu
Adam Winkler winkler at ucla.edu
Thank you to Stephen Griffin for his interesting post about my book War Time. One thing Stephen and I agree on, and that informs his current work, is that seriously taking up diplomatic history is essential to understanding the way war powers and the national security state develop in the 20th Century.
As it happens, I am rushing off to the diplomatic historians' annual meeting, so I have time only for a short note. At the opening state-of-the-field plenary panel on Thursday evening, I plan to discuss the ways that foreign affairs history and legal studies need each other. In developing my remarks, I have had the contributions in Griffin's work in mind.
While there is much we agree on, let me highlight an important point of disagreement. Griffin argues that:
Dudziak determinedly ignores the issue of the relative significance of America’s various and very different twentieth century military conflicts to our post-9/11 reality. One plausible way to distinguish among America’s wars, for example, is to take into consideration the importance of the foreign policy objectives pursued, the costs incurred, both quantitative and qualitative, and, of course, casualties.
This point matters to Griffin because distinguishing between big military conflicts and smaller ones is an essential element of his work. It is these larger wars, he argues, that are the ones constitutional scholars should be concerned about, and where democratic constraint is most important. I don't dispute the importance of democratic constraint in the decision to engage in a large-scale war. In my Balkinization post Another way to think about War Powers: Why the Small Wars Matter I responded to Griffin this way:
historian Marilyn Young argues
that the small wars have played an important role in this normalization
of the use of force, and especially the insulation of the American
people from American war politics. In the many American military
interventions of the Cold War, she argues, post–World War II
administrations “had to create a public tolerance for war as normal rather than aberrational, so normal that
after a while only those who were actively engaged in fighting it—and
their families—noticed it was being fought at all.”
This consciously facilitated insulation of the American people from American wars, I argue,
has helped to atrophy political restraints on the war powers. And so
the "real" wars that have impacted the workings of our constitutional
order include the small wars and the "forgotten wars" that lead us to
Bacevich's critique, that "war has become a normal condition, something
that the great majority of Americans accept without complaint."