Rutgers University Libraries The Military in American Legal History
Basic Resources Finding Books: Library Catalogs Finding Scholarly Articles: Indexes Contemporaneous Accounts In the Courts
The Civil War World War I World War II MOOTW War on Terror
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Basic Resources

Core Documents

Core Documents of U.S. Democracy
Links to cornerstone (eg., The Constitution, the Federalist Papers) documents as well as to key congressional, presidential, judicial, and regulatory documents.

A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1873
Search or browse a linked set of published congressional records of the United States from the Continental Congress through the 43rd Congress, 1774-1875 including the Journals of the Continental Congress (1774-89); the Records of the Federal Convention of 1787, or Farrand's Records, and the Debates in the Several State Conventions on the Adoption of the Federal Constitution (1787-88), or Elliot's Debates; the Journals of the House of Representatives (1789-1875) and the Senate (1789-1875), the debates of Congress as published in the Annals of Congress (1789-1824), the Congressional Globe (1833-73), and Congressional Record (1873-75); the Statutes at Large (1789-1875); the American State Papers (1789-1838); and congressional bills and resolutions for selected sessions beginning with the 6th Congress (1799) in the House of Representatives and the 16th Congress (1819) in the Senate. From the Library of Congress American Memory project.

Documents in Law, History and Diplomacy
Part of the Avalon Project, the outstanding digital collection of documents maintained by the Yale Law School.

American Colonist's Library: A Treasury of Primary Documents
Links to a hugh collection of historical works which contributed to the formation of American politics, culture, and ideals.

Bibliographies

Cohen, Morris L. Bibliography of Early American Law. Buffalo, N.Y., William S. Hein, 1998. 6 vols
Extensive bibliography of books and trial literature relating to American law and legal development from the beginning of American history up to 1860.
Newark Law Library Call Number: Ref. KF1 .C58 1998

Civil Military Relations. July 1993. Bibliography compiled by A. Sue Goodman for the Air University Library. Regional and topical arrangement. "United States:" pp. 19-36; "Law/Legal Issues:" p. 45-46.

Finding Books: Library Catalogs

IRIS
The online catalog for the Rutgers University Libraries. Relevant subject headings that you can use in IRIS include:

    Civil-Military Relations United States
    Civil Supremacy Over the Military United States
    Martial Law United States
    Military Law United States
    Presidents United States Powers and Duties
    Executive Power United States
    Civil Rights United States History
    Habeas Corpus United States History

Newark Law
Camden Law
Law library materials are not listed in IRIS. Use the above subject headings to find relevant publications in the law collections.

Army Heritage Collection Online
Catalog of the U.S. Army Heritage and Education Center (AHEC), an institute of the U.S. Army War College (USAWC) at Carlisle Barracks, PA. You can either search the Research Catalog for books, serials, manuscript (including oral histories) and photographic collections, unit histories, and microforms, or the Digital Documents System for digitized manuscripts (including oral histories), photographs, authority documents (including field manuals), photographs and descriptions of artifacts, and finding aids such as bibliographies.

Socrates
Stanford University catalog. Includes the holdings of the Hoover Institution on War, Revolution, and Peace: 1.1 million volumes in the Main collection plus more than 50 million archival items. Emphasis on 20th century international affairs. At search screen, limit LIBRARY to "Hoover Institution Library" or "Hoover Institution Archive."

Finding Scholarly Articles: Indexes

Humanities Abstracts
1984- . Index to over 350 core English-language periodicals in the humanities, including history, philosophy, religion, and related subjects. Restricted Access.

America: History and Life
1964- . The most comprehensive index to American (U.S. and Canada) history. Indexes over 2000 journals worldwide, as well as book reviews and dissertations. Restricted Access.

Index to Military Periodicals
1988- . The Air University Library's index to "significant articles, news items, and editorials from English language military and aeronautical periodicals." Includes links to full-text journals.

Hein Online
Search or browse the backfiles of over 500 legal journals. Journals usually available back to the first volume published; most recent year may not be available for some titles. Restricted Access. On-Campus Access Only.

LexisNexis Academic
In addition to indexing and providing access to a large collection of U.S. and international newspapers, LexisNexis Academic also indexes and provides access to law reviews, case law, statutes and regulations, and legal news. Restricted Access.

Contemporaneous Accounts

American Periodicals Series Online 1740-1900
The full text of articles, advertisements, illustrations etc., from American popular and literary magazines and journals that began publication between 1741 and 1900. Search by author, title, article type, publication title, date, and keywords in the full-text. Restricted Access.

[Historical] New York Times Allows you to search and display the full image of articles published in the New York Times back to 1851. The two+ most recent years are not included; use LexisNexis Academic to find more recent articles. Restricted Access.

In the Courts

Exploring Constitutional Conflicts: War and Treaty Powers
War powers granted to the president and Congress by the U.S. Constitution, and the judicial interpretations of those powers in American history. Includes the texts of the decisions on Ex Parte Milligan (1866), Ex Parte Quirin (1942), Hamdi v Rumsfeld (2004) and Hamilton v Kentucky Distilleries (1919).

Frofessor Douglas Linder's (University of Missouri-Kansas City Law School) Famous Trials site covers landmark legal battles from the Trial of Socrates (399 B.C.) to the Trial of O.J. Simpson (1995). Includes an overview of each case, a timeline, trial transcripts, contemporaneous accounts, images, maps, etc. Includes:

The Civil War

Lieber, Francis. Instruction for the Government of Armies of the United States in the Field
Promulgated as General Orders No. 100 by President Lincoln, 24 April 1863.

Rehnquist, William. Civil Liberty and the Civil War: The Indianapolis Treason Trials. 1997.

Ex Parte Milligan, 71 U.S. 2 (1866).
Text of the Supreme Court decision.

World War I

Yockelson, Mitchel. The War Department: Keeper of Our Nation's Enemy Aliens During World War I
Paper presented to the Society for Military History Annual Meeting, April 1998.

Bonus March, 1932
Newspaper clippings, correspondance, photographs, and other materials relating to the military dispersal of World War I veterans and their families who had set up an encampment in Washington in an attempt to pressure the government to redeem their bonus certificates.

World War II

Executive Order 9066
February 19, 1942 order from President Franklin D. Roosevelt authorizing "the Secretary of War, and the Military Commanders whom he may from time to time designate, whenever he or any designated Commander deems such action to be necessary or desirable, to prescribe military areas in such places and of such extent as he or the appropriate Military Commander may determine, from which any or all persons may be excluded, and with respect to which, the right of any persons to enter, remain in, or leave shall be subject to whatever restriction the Secretary of War or the appropriate Military Commander may impose in his discretion."

Conrat, Masie and Richard. Executive Order 9066: The Internment of 110,000 Japanese Americans. California Historical Society, 1972.
Background and photographic essay on the evacuation and internment of the Japanese Americans relocated as a result of Executive Order 9066.

Lardner, George Jr. Nazi Saboteurs Captured! FDR Orders Secret Tribunal; 1942 Precedent Invoked by Bush Against al Qaeda
Originally published in the Washington Post, January 13, 2002.

Report of Robert H. Jackson, United States Representative to the International Conference on Military Trials, London, 1945
Digital document from the Avalon Project.

MOOTW: Military Operations Other Than War

United States. Joint Chiefs of Staff. Joint Docrine for Military Operations Other Than War. Washington, D.C., 1995.
"Addresses purpose, principles, types of operations and planning considerations. A doctrinal basis is provided for related joint tactics, techniques, and procedures."

Military Operations Other Than War. May 2004.
Bibliography compiled by Terry Kiss, Air University Library. "MOOTW focuses on deterring war, resolving conflict, promoting peace and supporting civil authorities in response to domestic crisis. MOOTW may involve elements of both combat and non combat operations in peace time, conflict and war situations."

" United States as a Theater" IN Legal Support to Operations. Field Manual Nol 27-100. Washington, D.C., Department of the Army, March 1, 2000.
Guidelines for judge advocates providing legal support for military support operations within the United States.

Intelligence: History and Role in American Society. April 2001.
Bibliography compiled by Janet L. Seymours, Air University Library.

The War on Terror

Response to Terrorism: Legal Aspects of the Use of Military Force. September 13, 2001.
Brief Congressional Research Service Report summarizing the legal considerations attached to the use of military force in response to the September 11 terrorist attacks.

National Emergency Powers. September 18, 2001.
Congressional Research Service Report tracing the history and practice of presidential emergency powers. Includes bibliography and a table of declared national emergencies 1976-2001.

Bush, George W. Military Order - Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism.. November 13, 2001.

HR 3564 IH: To Authorize the Limited Use of Military Tribunals Absent a War Declared by Congress in Cases Arising Out of International Terrorism Committed in the United States. December 20, 2001.

Taft, William H. IV., U.S. Military Commission: Fair Trials and Jusice. March 26, 2002.
Statement of the Legal Advisor to the U.S. Department of Statement regarding the use of military commissions to try those accused of involvement with the September 11 attacks and other acts of terrorism.


Corrections?
Natalie Borisovets (natalieb@andromeda.rutgers.edu)
John Cotton Dana Library
October 10, 2004