From the first vistas provided by flight in balloons in the eighteenth century to the most recent sensing operations performed by military drones, the history of aerial imagery has marked the transformation of how people perceived their world, better understood their past, and imagined their future. In Aerial Aftermaths Caren Kaplan traces this cultural history, showing how aerial views operate as a form of world-making tied to the times and places of war. Kaplan’s investigation of the aerial arts of war—painting, photography, and digital imaging—range from England's surveys of Scotland following the defeat of the 1746 Jacobite rebellion and early twentieth-century photographic mapping of Iraq to images taken in the immediate aftermath of 9/11. Throughout, Kaplan foregrounds aerial imagery's importance to modern visual culture and its ability to enforce colonial power, demonstrating both the destructive force and the potential for political connection that come with viewing from above.

Most recent discussion of the United States Constitution and war—both the war on terrorism and the war in Iraq—has been dominated by two diametrically opposed views: the alarmism of those who see many current policies as portending gross restrictions on American civil liberties, and the complacency of those who see these same policies as entirely reasonable accommodations to the new realities of national security. Whatever their contributions to the public discussion and policy-making processes, these voices contribute little to an understanding of the real constitutional issues raised by war. Providing the historical and legal context needed to assess competing claims, The Constitution in Wartime identifies and explains the complexities of the important constitutional issues brought to the fore by wartime actions and policies. Twelve prominent legal scholars and political scientists combine broad overviews of U.S. history and contemporary policy with detailed yet accessible analyses of legal issues of pressing concern today.

Some of the essays are broad in scope, reflecting on national character, patriotism, and political theory; exploring whether war and republican government are compatible; and considering in what sense we can be said to be in wartime circumstances today. Others are more specific, examining the roles of Congress, the presidency, the courts, and the international legal community. Throughout the collection, balanced, unbiased analysis leads to some surprising conclusions, one of which is that wartime conditions have sometimes increased, rather than curtailed, civil rights and civil liberties. For instance, during the cold war, government officials regarded measures aimed at expanding African Americans’ freedom at home as crucial to improving America’s image abroad.

Contributors. Sotirios Barber, Mark Brandon, James E. Fleming, Mark Graber, Samuel Issacharoff, David Luban, Richard H. Pildes, Eric Posner, Peter Spiro, William Michael Treanor, Mark Tushnet, Adrian Vermeule

The American presidency has long tested the capacity of the system of checks and balances to constrain executive power, especially in times of war. While scholars have examined presidents starting military conflicts without congressional authorization or infringing on civil liberties in the name of national security, Stuart Streichler focuses on the conduct of hostilities. Using the treatment of war-on-terror detainees under President George W. Bush as a case study, he integrates international humanitarian law into a constitutional analysis of the repercussions of presidential war powers for human rights around the world.

Putting President Bush’s actions in a wider context, Presidential Accountability in Wartime begins with a historical survey of the laws of war, with particular emphasis on the 1949 Geneva Conventions and the Nuremberg Tribunal. Streichler then reconstructs the decision-making process that led to the president’s approval of interrogation methods that violated Geneva’s mandate to treat wartime captives humanely. While taking note of various accountability options—from within the executive branch to the International Criminal Court—the book illustrates the challenge in holding presidents personally responsible for violating the laws of war through an in-depth analysis of the actions taken by Congress, the Supreme Court, and the public in response. In doing so, this book not only raises questions about whether international humanitarian law can moderate wartime presidential behavior but also about the character of the presidency and the American constitutional system of government.

Administration in time of war has come to revolve around the President, and much of the administrative authority of the President is then delegated to extralegal agents.  Grundstein's analysis of the experiences of World War I show that such delegation is inevitable: From the beginning of the war Congress delegated many powers to the Chief Executive, who, of necessity, named others to act for him in the prosecution of the war. Furthermore, Congress granted these administrative powers without formally establishing new administrative agencies with attendant Congressional oversight. Though constitutionally the President's powers are exclusively executive as distinguished from administrative, beginning with WWI, and increasing during WWII, the President has become in effect the administrator-in-chief.
    Nathan Grundstein traces the evolution of a new body of administrative law delineating the unique patterns of wartime organization and administration that emerged during the twentieth century.
 

This diary, begun after the Japanese attack on Pearl Harbor and covering the invasion of Burma up to June 1942, is a moving account of the dilemmas faced by the well-loved and prolific Burmese author Theippan Maung Wa (a pseudonym of U Sein Tin) and his family. At the time of the Japanese invasion, U Sein Tin was deputy secretary in the Ministry of Home and Defense Affairs. An Oxford-trained member of the Indian Civil Service, working for the British administration on the eve of the invasion, he lived with his wife and three small children in Rangoon.

Wartime in Burma is a stirring memoir that presents a personal account of U Sein Tin’s feelings about the war, his anxiety for the safety of his family, the bombing of Rangoon, and what happened to them during the next six chaotic months of the British retreat. The author and his family leave Rangoon to live in a remote forest in Upper Burma with several other Burmese civil servants, their staff, and valuable possessions—rich pickings for robbers. His diary ends abruptly on June 5, his forty-second birthday; U Sein Tin was murdered on June 6 by a gang of Burmese bandits. The diary pages, scattered on the floor of the house, were rescued by his wife and eventually published in Burma in 1966. What survives is a unique account that shines new light on the military retreat from Burma.