Civil Liberty in Time of War

Hon. William H. Rehnquist
U.S. Supreme Court

“The courts, for their par, have largely reserved the decisions favoring civil liberties in wartime to be handed down after the war was over. Again, we see the truth in the maxim Inter Arma Silent Leges — in time of war the laws are silent. To lawyers and judges, this may seem a thoroughly undesirable state of affairs, but in the greater scheme of things it may be best for all concerned. The fact that judges are loath to strike down wartime measures while the war is going on is demonstrated by both our experience in the Civil War and in World War II.”

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