When crisis requires American troops to deploy on American soil, the country depends on a rich and evolving body of law to establish clear lines of authority, safeguard civil liberties, and protect its democratic institutions and traditions. Since the attacks of 9/11, the governing law has changed rapidly even as domestic threats—from terror attacks, extreme weather, and pandemics—mount. Soldiers on the Home Front is the first book to systematically analyze the domestic role of the military as it is shaped by law, surveying America’s history of judicial decisions, constitutional provisions, statutes, regulations, military orders, and martial law to ask what we must learn and do before the next crisis.
America’s military is uniquely able to save lives and restore order in situations that overwhelm civilian institutions. Yet the U.S. military has also been called in for more coercive duties at home: breaking strikes, quelling riots, and enforcing federal laws in the face of state resistance. It has spied on and overseen the imprisonment of American citizens during wars, Red scares, and other emergencies. And while the fears of the Republic’s founders that a strong army could undermine democracy have not been realized, history is replete with reasons for concern.
At a time when the military’s domestic footprint is expanding, Banks and Dycus offer a thorough analysis of the relevant law and history to challenge all the stakeholders—within and outside the military—to critically assess the past in order to establish best practices for the crises to come.
Stages of Emergency covers public education campaigns and school programs—such as the ubiquitous “duck and cover” drills—meant to heighten awareness of the dangers of a possible attack, the occupancy tests in which people stayed sequestered for up to two weeks to simulate post-attack living conditions as well as the effects of confinement on interpersonal dynamics, and the British first-aid training in which participants acted out psychological and physical trauma requiring immediate treatment. Davis also brings to light unpublicized government exercises aimed at anticipating the global effects of nuclear war. Her comparative analysis shows how the differing priorities, contingencies, and social policies of the three countries influenced their rehearsals of nuclear catastrophe. When the Cold War ended, so did these exercises, but, as Davis points out in her perceptive afterword, they have been revived—with strikingly similar recommendations—in response to twenty-first-century fears of terrorists, dirty bombs, and rogue states.
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