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The Lawfare Podcast

Bill Banks on "Soldiers on the Homefront: The Domestic Role of the American Military"

The Lawfare Podcast

The Lawfare Institute

International Law, Government, Military, Rule Of Law, International Relations, History, News, Terrorism, Politics, Law, Intelligence, National Security, Foreign Policy, Constitutional Law, Diplomacy, Current Events

4.76.4K Ratings

🗓️ 19 November 2016

⏱️ 48 minutes

🧾️ Download transcript

Summary

At this week's Hoover Book Soiree, Benjamin Wittes sat down with Bill Banks, Professor of Law at Syracuse University and the Founding Director of the Institute for National Security and Counterterrorism, to talk about Bill's book with Stephen Dycus, Soldiers on the Homefront: The Domestic Role of the American MilitaryThe book examines how both law and culture has shaped and constrained the military's domestic activities, reviewing the legal history of the various different roles that soldiers have played at home, from law enforcement to martial law. Given the widespread concern over the strength of the next administration's commitment to civil liberties and the rule of law, it's a conversation that's unfortunately more relevant than ever. 

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Transcript

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0:00.0

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Also, check out LawFair's other podcast offerings,

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rational security, chatter, law fair no bull, and the aftermath.

0:29.0

To culture in the United States, the military wishes not to be involved in domestic affairs.

0:39.0

So the default position of the United States military,

0:43.0

if there's an opportunity to be engaged domestically, is no, we don't want to do that.

0:49.0

We've got a tradition, a norm, a part of our civic culture.

0:55.0

The military don't want to be involved.

0:57.0

We're unique among the nations in the world is that we entrust all law enforcement to civilians.

1:03.0

But as you know, if you think about many examples,

1:05.0

over the period the military have been involved in law enforcement.

1:08.0

And they've done so against the grain, cutting against the culture and the traditions,

1:14.0

on the basis, usually of statutory authority,

1:17.0

but also simply on the say so or the orders, usually of civilian leadership.

1:24.0

I'm Quinta Jurassic and this is the LawFair podcast, November 19th, 2016.

1:30.0

That was Bill Banks, professor of law at Syracuse University

1:34.0

and the founding director of the Institute for National Security and Counterterrorism.

1:39.0

Bill sat down with Benjamin Wittis at this week's Hoover Books Warray

1:43.0

to talk about his book with Stephen Dyckis, Soldiers on the Homefront,

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