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Full-Text Articles in Military, War, and Peace
Unintended Consequences: The Posse Comitatus Act In The Modern Era, Mark P. Nevitt
Unintended Consequences: The Posse Comitatus Act In The Modern Era, Mark P. Nevitt
Mark P Nevitt
America was born in revolution. Outraged at numerous abuses by the British crown—to include the conduct of British soldiers in the colonists’ daily lives— Americans declared their independence, creating a new republic with deep suspicions of a standing Army. These suspicions were intensely debated at the time of the nation’s formation and enshrined in the Constitution. But congressional limitations on the role of the military in day-to-day affairs would have to wait. They were not put in place until after the Civil War when southern congressmen successfully co- opted the framers’ earlier concerns of a standing Army and passed a …
The National Historic Preservation Act: Preserving History, Impacting Foreign Relations?, Mark P. Nevitt
The National Historic Preservation Act: Preserving History, Impacting Foreign Relations?, Mark P. Nevitt
Mark P Nevitt
The National Historic Preservation Act (NHPA) is a remarkable statutory success story, properly lauded for protecting American historic properties since its passage in 1966. But there is another, more intricate story to the NHPA. Congress added a unique extraterritoriality provision to the NHPA, implementing U.S. obligations under the World Heritage Convention (WHC), a treaty that protects properties of cultural and natural heritage worldwide. This provision requires federal agencies to take into account the effect of any undertaking outside the United States on the applicable nation’s equivalent National Register. Its proper scope and jurisdiction were unclear–until recently.A federal district court ruled …