Cover

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Series Page, Title Page, Copyright

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Contents

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pp. v-vi

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Acknowledgments

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pp. vii-viii

I have incurred many intellectual and emotional debts while writing this book, and I would like to thank the professionals, friends, and colleagues who helped me along the way: Karen Ashcraft, Ed Bennett, George Cheney, Ann Darling, Lisa Flores, Don McAngus, Marty Medhurst, Gordon Mitchell, Trevor Parry-Giles, Sally Planalp, Rick Rieke, and Helga Shugart. ...

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1. Introduction: The Genealogical Origins of Necessity and Military Necessity

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pp. 1-30

In the aftermath of the 9/11 attacks,1 and the beginning of the war for the "liberation" of Iraq,2 many audiences around the world were asked to remember that in times of war, military "necessities" have to take center stage. Rick Atkinson and Thomas Ricks, for example, told readers of the Washington Post that while the nation hoped this would be a short conflict, ...

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2. The Capture of Major André

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pp. 31-53

At different historical junctures, as I noted in chapter one, various individuals and communities have been obsessed with the idea of balancing human volition and natural limitations, and the American colonists who lived through their own "revolution" were no exception.1 ...

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3. Cultural Amnesias and Legal Recollections: Forgetting and Remembering the 1862 U.S.—Dakota War Tribunals

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pp. 54-78

As I noted in chapter one,1 President Bush startled some observers when he publicly announced the promulgation of an executive order for military tribunals,2 but a few months later the Department of Defense (DOD) made it clear that it was going to modify some of these rules so it could provide "full and fair" trials for some of these defendants.3 ...

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4. Abraham Lincoln and Ex Parte Milligan

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pp. 79-112

With the passage of time and the benefit of hindsight, one can readily understand why some laypersons and scholars valorize the heroes in their rhetorical histories or vilify the villains who threaten their belief systems.1 Consciously or unconsciously, we may align ourselves with various generational members who interpret ideographs and other discursive formations ...

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5. The Military Trial of Major Henry Wirz

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pp. 113-138

Michael Griffin once argued that many of the photographic images taken during the Civil War1 provide us with some "discernable narrative allusions" filled with "symbolic moments of death, sacrifice, and patriotism,"2 and Robert Hariman and John Lucaites are certainly on to something when they remind us that select iconic photos can coordinate "multiple transcriptions" of key historical events ...

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6. FDR, Wartime Anxieties, and the Saboteurs' Case

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pp. 139-164

When some Bush administration officials,1 or federal judges reviewing modern detentions,2 sifted through the sands of time to find examples of expansive uses of presidential authority, they soon discovered that Franklin Delano Roosevelt had once had to make decisions about World War II saboteurs, attacks on U.S. war production, and the authorization of military commissions. ...

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7. General MacArthur's Tribunal and the Trial of General Yamashita

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pp. 165-186

By the 1940s, the evolutionary complexities of "military necessity" and military tribunals presented the American elite and public audiences with a host of rationales that justified the existence of military tribunals.1 As John Bickers explains, many observers who studied the histories and laws associated with military justice were often mixing and matching three different "species of military commissions"— ...

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8. The Legal and Public Debates over the Necessity of Bush's Military Order

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pp. 187-216

When key decision-makers within the George W. Bush's administration looked for precedents or historical narratives that would help them deal with the post 9/11 exigencies,1 we now know they had plenty of "tory" and "whig" versions of necessitous tales from which to choose.2 ...

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9. The Future Use of Military Tribunals

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pp. 217-250

During the summer of 2004, just days before the Iraqi people regained their "sovereignty,"1 the members of the U. S. Supreme Court determined that an American citizen by the name of Yaser Esam Hamdi could legally contest his detention as an "enemy combatant."2 ...

Notes

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pp. 251-302

Bibliography

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pp. 303-310

Index

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pp. 311-316