Military Tribunals and Presidential Power: American Revolution to the War on Terrorism

Louis Fisher's historical analysis examines the use of military tribunals from America's founding through the post-9/11 era. The book tracks how presidents have exercised and sometimes exceeded their constitutional authority in establishing these courts. The study focuses on key periods including the Revolutionary War, Mexican War, Civil War, World War II, and the War on Terror. Fisher draws on primary sources and legal documents to analyze the constitutional tensions between executive power, civilian courts, and military justice. Each chapter presents specific cases and controversies that tested the limits of presidential authority over military commissions. The narrative incorporates Supreme Court decisions, Congressional debates, and contemporary reactions that shaped the evolution of tribunal policy. This work contributes to ongoing discussions about the balance between national security imperatives and constitutional principles during wartime. The historical patterns Fisher identifies remain relevant to current debates about executive power and civil liberties.

Readers note this as a technical but accessible examination of military tribunals throughout US history. Many highlight Fisher's detailed research and systematic analysis of how presidents have used these courts. Readers appreciated: - Clear chronological organization from 1800s to post-9/11 - Extensive use of primary sources and court documents - Focus on constitutional implications and separation of powers Common criticisms: - Dense legal language in some sections - Limited discussion of international law perspectives - Some repetition between chapters Ratings: Goodreads: 3.5/5 (12 ratings) Amazon: 4.3/5 (6 reviews) One reader on Amazon noted it as "meticulously researched but occasionally dry." A Goodreads reviewer highlighted its value for "understanding the historical context of modern military commissions." No professional book reviews were found in major publications. The book appears most referenced in academic papers and legal journals rather than general readership forums.

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🎖️ The book examines how military tribunals evolved from the Revolutionary War through post-9/11, showing a shift from their original purpose of trying spies and saboteurs to their broader modern applications 📚 Author Louis Fisher served as Senior Specialist in Separation of Powers at the Library of Congress for four decades and has testified before Congress over 50 times on constitutional issues ⚖️ The book reveals that in 1866, the Supreme Court ruled in Ex parte Milligan that military tribunals cannot try civilians when civilian courts are functioning - a precedent still debated in modern terrorism cases 🏛️ Fisher's research demonstrates that FDR's use of a military tribunal to try Nazi saboteurs in 1942 (Ex parte Quirin) marked a significant departure from previous practices and established controversial new presidential powers 🗽 The work sparked important discussions about the constitutionality of George W. Bush's Military Order of November 13, 2001, which authorized military commissions to try non-citizens suspected of terrorism