an unanticipated consequence of
Jack M. Balkin
Jack Balkin: jackbalkin at yahoo.com
Bruce Ackerman bruce.ackerman at yale.edu
Ian Ayres ian.ayres at yale.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
Bernard Harcourt harcourt at uchicago.edu
Scott Horton shorto 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 princeton.edu
Rick Pildes rick.pildes at nyu.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
Brian Tamanaha btamanaha at wulaw.wustl.edu
Mark Tushnet mtushnet at law.harvard.edu
Adam Winkler winkler at ucla.edu
During the past decade, as the military has been engaged in the longest period of sustained conflict in the nation’s history, just one-half of one percent of American adults has served on active duty at any given time.1 As the size of the military shrinks, the connections between military personnel and the broader civilian population appear to be growing more distant.
The data reveals is "a large generation gap." According to the report, "more than three-quarters (77%) of adults ages 50 and older said they had an immediate family member –a spouse, parent, sibling or child – who had served in the military." In contrast, for people under 50, "57% of those ages 30-49 say they have an immediate family member who served. And among those ages 18-29, the share is only one-third."
Military service is now more concentrated in certain families: "Veterans are more than twice as likely as members of the general public to say they have a son or daughter who has served (21% vs. 9%)." And overall, what the report calls a "military-civilian gap" is more pronounced among younger people.
This suggests that the gap between veterans and the general public in the share that has family connections to the military may be a relatively new phenomenon. With the shrinking size of the military in recent decades there are now fewer connections between the military and the civilian world. This is reflected in the relatively small share of young adults (39%) with an immediate family member who has served in the armed forces.
The Pew report suggests that various political opinions are correlated with connections to family members who have served in the military, but there are deeper implications of the disconnect between Americans and American war-making. The more distant and isolated Americans are from their nation's wars, the less they are politically engaged with American war policy.
Legal scholars argue on this blog and elsewhere that the tendency of presidents to initiate military action without congressional authorization can only be reined in if Congress insists on playing its constitutional role. But Congress will never play a more meaningful role in American war politics if the people aren't engaged. The Pew Report helps us to see what appears to be a growing distance from the costs of war, potentially reinforcing contemporary political disengagement.
In Iraq and Afghanistan, war...spread across borders as American drones fired on targets in Pakistan and elsewhere. Death and destruction were the province of soldiers and of peoples in faraway lands. The experience of wartime for most Americans largely devolved to encounters between travelers and airport screeners, as the Transportation Security Administration adopted intrusive new practices. At home, wartime had become a policy rather than a state of existence....
As war goes on, Americans have lapsed into a new kind of peacetime. It is not a time without war, but instead a time in which war does not bother everyday Americans.
I argue that keeping the war powers in check requires a politics of war, and that requires a citizenry attentive to the exercise of military power. Our ideas about "wartime" play a role in the current disconnect, as a cultural framing of wartimes as discrete and temporary occasions, destined to give way to a state of normality, undermines democratic vigilance over on-going wars.
As Americans become more isolated from the costs of war, military engagement no longer seems to require the support of the American people. Their disengagement does not limit the reach of American military action, but enables its expansion.