Study Questions for Billy Budd, Sailor (An Inside Narrative)
Reading Questions
Discussion Questions
The dilemma of finding a balance between order and liberty is especially acute in times of war. For instance, some of the most important free speech cases decided by the Supreme Court grew out of WWI. Likewise, in WWI, the Civil War and other wars the imposition of a military draft caused some to argue that it forced citizens to give up civil liberties against their will.
Another issue that often arises in time of war is: within the United States' constitutional order how much power is invested in the President? Because the framers of the Constitution were extremely worried about the power that a standing army could have over the nation, they made certain that the military remain in civilian control by making the President, elected by the people, Commander-in-Chief. Since in our system no one, even the President, is above the law, the President as Commander-in-Chief must therefore abide by the Constitution. Nonetheless, during war Presidents sometimes feel that they have to take extraordinary actions in order to protect the country. For instance, during WWII President Roosevelt, in the name of national security, signed an order confining American citizens of Japanese descent to so-called "relocation camps." Likewise, in the Civil War President Lincoln, who is known as a great defender of liberty, suspended a number of guarantees provided by the Bill of Rights in order to prosecute in military, not civilian, courts, those suspected of disloyalty.
Critics of Lincoln argued that his actions undermined the very Constitution he had sworn to uphold and claimed to defend. They granted that, whereas as Commander-in-Chief he had command over all of those in the military, his authority did not allow him to treat normal citizens as members of the military and strip them of constitutionally guaranteed rights. Lincoln responded by saying that as Commander-in-Chief he had the authority to declare martial law, which temporarily suspended civilian law. Furthermore, he argued that since he had sworn to defend the Constitution any action he took to save it from the threat of Southern secession was implicitly sanctioned by it.
In order to understand what was at stake in these debates, it is necessary to keep a few distinctions in mind. Civilian law applies to people within civil society, not those in the military. Military law applies to those within the ranks of the military; it has, therefore, fewer provisions for individual liberties than civilian law. Even so, military law in the United States still has to be approved by Congress, which represents the voice of the people. It is, in other words, subject to the Constitution. Martial law allows a commanding military officer to suspend civilian law for a limited time in order to use his arbitrary authority to wage war. For instance, under martial law a commander can take private property if it is needed in battle. Or, as in the case above, under martial law a civilian could be tried in military, not civilian, courts. The ability to evoke martial law is also implied by the Constitution, since in granting the nation the power to wage war, the Constitution implies that it can use the means necessary to win that war.
The question remains, however: under what circumstances can a military officer, including the Commander-in-Chief, evoke martial law? Traditionally, it can be evoked only in the immediate zone of battle. Lincoln was criticized for creating a state akin to martial law throughout the nation even where there was no immediate military threat.
Although not set in the United States, Billy Budd was written after the Civil War, and Melville paid close attention to the issues the war raised. Indeed, Melville's work of fiction can help us understand the complications of these and similar issues. Please, therefore, use Billy Budd to discuss the dilemmas faced in the United States today as it continues its "war" against terrorism. How is the United States today balancing the needs for social order with its promise to protect civil liberties? Is it allowing the President more unchecked power than a constitutional democracy should, or does the President need that power to protect the security of the nation? What light can the dramatic action of Billy Budd shed on possible answers to those questions?