Habeas Corpus In Wartime

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Habeas Corpus in Wartime

Amanda L. Tyler
Habeas Corpus in Wartime Book PDF

Author : Amanda L. Tyler
Publisher : Oxford University Press
Page : 465 pages
File Size : 53,7 Mb
Release : 2017
Category : Law
ISBN : 9780199856664

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Habeas Corpus in Wartime by Amanda L. Tyler Pdf

Habeas Corpus in Wartime unearths and presents a comprehensive account of the legal and political history of habeas corpus in wartime in the Anglo-American legal tradition. The book begins by tracing the origins of the habeas privilege in English law, giving special attention to the English Habeas Corpus Act of 1679, which limited the scope of executive detention and used the machinery of the English courts to enforce its terms. It also explores the circumstances that led Parliament to invent the concept of suspension as a tool for setting aside the protections of the Habeas Corpus Act in wartime. Turning to the United States, the book highlights how the English suspension framework greatly influenced the development of early American habeas law before and after the American Revolution and during the Founding period, when the United States Constitution enshrined a habeas privilege in its Suspension Clause. The book then chronicles the story of the habeas privilege and suspension over the course of American history, giving special attention to the Civil War period. The final chapters explore how the challenges posed by modern warfare during the twentieth and twenty-first centuries have placed great strain on the previously well-settled understanding of the role of the habeas privilege and suspension in American constitutional law, particularly during World War II when the United States government detained tens of thousands of Japanese American citizens and later during the War on Terror. Throughout, the book draws upon a wealth of original and heretofore untapped historical resources to shed light on the purpose and role of the Suspension Clause in the United States Constitution, revealing all along that many of the questions that arise today regarding the scope of executive power to arrest and detain in wartime are not new ones.

All the Laws but One

William H. Rehnquist
All the Laws but One Book PDF

Author : William H. Rehnquist
Publisher : Vintage
Page : 288 pages
File Size : 47,7 Mb
Release : 2007-12-18
Category : Political Science
ISBN : 9780307424693

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All the Laws but One by William H. Rehnquist Pdf

In All the Laws but One, William H. Rehnquist, Chief Justice of the United States, provides an insightful and fascinating account of the history of civil liberties during wartime and illuminates the cases where presidents have suspended the law in the name of national security. Abraham Lincoln, champion of freedom and the rights of man, suspended the writ of habeas corpus early in the Civil War--later in the war he also imposed limits upon freedom of speech and the press and demanded that political criminals be tried in military courts. During World War II, the government forced 100,000 U.S. residents of Japanese descent, including many citizens, into detainment camps. Through these and other incidents Chief Justice Rehnquist brilliantly probes the issues at stake in the balance between the national interest and personal freedoms. With All the Laws but One he significantly enlarges our understanding of how the Supreme Court has interpreted the Constitution during past periods of national crisis--and draws guidelines for how it should do so in the future.

Habeas Corpus After 9/11

Jonathan Hafetz
Habeas Corpus After 9 11 Book PDF

Author : Jonathan Hafetz
Publisher : NYU Press
Page : 334 pages
File Size : 52,7 Mb
Release : 2012-08-20
Category : Political Science
ISBN : 9780814724408

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Habeas Corpus After 9/11 by Jonathan Hafetz Pdf

Examines the rise of an American-run global detention system, including Guantâanamo Bay, Bagram Air Base in Afghanistan, and secret CIA jails, and discusses efforts that are being made to challenge this new prison system through habeas corpus.

Habeas Corpus

Paul D. Halliday
Habeas Corpus Book PDF

Author : Paul D. Halliday
Publisher : Harvard University Press
Page : 513 pages
File Size : 55,7 Mb
Release : 2012-04-02
Category : History
ISBN : 9780674064201

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Habeas Corpus by Paul D. Halliday Pdf

We call habeas corpus the Great Writ of Liberty. But it was actually a writ of power. In a work based on an unprecedented study of thousands of cases across more than five hundred years, Paul Halliday provides a sweeping revisionist account of the world's most revered legal device. In the decades around 1600, English judges used ideas about royal power to empower themselves to protect the king's subjects. The key was not the prisoner's "right" to "liberty"Ñthese are modern idiomsÑbut the possible wrongs committed by a jailer or anyone who ordered a prisoner detained. This focus on wrongs gave the writ the force necessary to protect ideas about rights as they developed outside of law. This judicial power carried the writ across the world, from Quebec to Bengal. Paradoxically, the representative impulse, most often expressed through legislative action, did more to undermine the writ than anything else. And the need to control imperial subjects would increasingly constrain judges. The imperial experience is thus crucial for making sense of the broader sweep of the writ's history and of English law. Halliday's work informed the 2008 U.S. Supreme Court ruling in Boumediene v. Bush on prisoners in the Guant‡namo detention camps. His eagerly anticipated book is certain to be acclaimed the definitive history of habeas corpus.

The Suspension of Habeas Corpus During the War of the Rebellion

Sydney George Fisher
The Suspension of Habeas Corpus During the War of the Rebellion Book PDF

Author : Sydney George Fisher
Publisher : Createspace Independent Publishing Platform
Page : 34 pages
File Size : 46,6 Mb
Release : 2015-12-19
Category : Electronic
ISBN : 1522832416

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The Suspension of Habeas Corpus During the War of the Rebellion by Sydney George Fisher Pdf

"The Suspension of Habeas Corpus during the War of the Rebellion" from Sydney George Fisher. Author on American politics, history and Quaker history (1856-1927).

Habeas Corpus

Amanda L. Tyler
Habeas Corpus Book PDF

Author : Amanda L. Tyler
Publisher : Oxford University Press
Page : 179 pages
File Size : 52,9 Mb
Release : 2021
Category : LAW
ISBN : 9780190918989

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Habeas Corpus by Amanda L. Tyler Pdf

"The storied writ of habeas corpus-literally, to hold the body-has enjoyed celebrated status in the common law tradition for centuries. Writing in the eighteenth century, the widely influential English jurist and commentator William Blackstone once labeled the writ of habeas corpus a "bulwark of our liberties." Soon thereafter, a member of Parliament glorified the writ as "[t]he great palladium of the liberties of the subject." Meanwhile, across the Atlantic, in the lead up to the American Revolution, the Continental Congress declared that the habeas privilege and the right to trial by jury were among the most important rights in a free society, "without which a people cannot be free and happy." A few years later, while promoting the ratification of the United States Constitution in The Federalist, Alexander Hamilton celebrated the privilege as one of the "greate[st] securities to liberty and republicanism" known. Thus, as another participant in the ratification debates wrote, the writ of habeas corpus has long been viewed as "essential to freedom.""--

Perilous Times

Geoffrey Stone
Perilous Times Book PDF

Author : Geoffrey Stone
Publisher : National Geographic Books
Page : 0 pages
File Size : 55,7 Mb
Release : 2005-09-27
Category : Law
ISBN : 9780393327458

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Perilous Times by Geoffrey Stone Pdf

"A masterpiece of constitutional history, Perilous Times promises to redefine the national debate on civil liberties and free speech."—Elena Kagan, Harvard Law School Geoffrey Stone's Perilous Times incisively investigates how the First Amendment and other civil liberties have been compromised in America during wartime. Stone delineates the consistent suppression of free speech in six historical periods from the Sedition Act of 1798 to the Vietnam War, and ends with a coda that examines the state of civil liberties in the Bush era. Full of fresh legal and historical insight, Perilous Times magisterially presents a dramatic cast of characters who influenced the course of history over a two-hundred-year period: from the presidents—Adams, Lincoln, Wilson, Roosevelt, and Nixon—to the Supreme Court justices—Taney, Holmes, Brandeis, Black, and Warren—to the resisters—Clement Vallandingham, Emma Goldman, Fred Korematsu, and David Dellinger. Filled with dozens of rare photographs, posters, and historical illustrations, Perilous Times is resonant in its call for a new approach in our response to grave crises.

The Broken Constitution

Noah Feldman
The Broken Constitution Book PDF

Author : Noah Feldman
Publisher : Farrar, Straus and Giroux
Page : 236 pages
File Size : 45,9 Mb
Release : 2021-11-02
Category : History
ISBN : 9780374720872

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The Broken Constitution by Noah Feldman Pdf

A New York Times Book Review Editors' Choice An innovative account of Abraham Lincoln, constitutional thinker and doer Abraham Lincoln is justly revered for his brilliance, compassion, humor, and rededication of the United States to achieving liberty and justice for all. He led the nation into a bloody civil war to uphold the system of government established by the US Constitution—a system he regarded as the “last best hope of mankind.” But how did Lincoln understand the Constitution? In this groundbreaking study, Noah Feldman argues that Lincoln deliberately and recurrently violated the United States’ founding arrangements. When he came to power, it was widely believed that the federal government could not use armed force to prevent a state from seceding. It was also assumed that basic civil liberties could be suspended in a rebellion by Congress but not by the president, and that the federal government had no authority over slavery in states where it existed. As president, Lincoln broke decisively with all these precedents, and effectively rewrote the Constitution’s place in the American system. Before the Civil War, the Constitution was best understood as a compromise pact—a rough and ready deal between states that allowed the Union to form and function. After Lincoln, the Constitution came to be seen as a sacred text—a transcendent statement of the nation’s highest ideals. The Broken Constitution is the first book to tell the story of how Lincoln broke the Constitution in order to remake it. To do so, it offers a riveting narrative of his constitutional choices and how he made them—and places Lincoln in the rich context of thinking of the time, from African American abolitionists to Lincoln’s Republican rivals and Secessionist ideologues. Includes 8 Pages of Black-and-White Illustrations

The Fate of Liberty

Mark E. Neely Jr.
The Fate of Liberty Book PDF

Author : Mark E. Neely Jr.
Publisher : Oxford University Press
Page : 304 pages
File Size : 47,8 Mb
Release : 1992-08-20
Category : History
ISBN : 9780199923489

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The Fate of Liberty by Mark E. Neely Jr. Pdf

If Abraham Lincoln was known as the Great Emancipator, he was also the only president to suspend the writ of habeas corpus. Indeed, Lincoln's record on the Constitution and individual rights has fueled a century of debate, from charges that Democrats were singled out for harrassment to Gore Vidal's depiction of Lincoln as an "absolute dictator." Now, in the Pulitzer Prize-winning The Fate of Liberty, one of America's leading authorities on Lincoln wades straight into this controversy, showing just who was jailed and why, even as he explores the whole range of Lincoln's constitutional policies. Mark Neely depicts Lincoln's suspension of habeas corpus as a well-intentioned attempt to deal with a floodtide of unforeseen events: the threat to Washington as Maryland flirted with secession, disintegrating public order in the border states, corruption among military contractors, the occupation of hostile Confederate territory, contraband trade with the South, and the outcry against the first draft in U.S. history. Drawing on letters from prisoners, records of military courts and federal prisons, memoirs, and federal archives, he paints a vivid picture of how Lincoln responded to these problems, how his policies were actually executed, and the virulent political debates that followed. Lincoln emerges from this account with this legendary statesmanship intact--mindful of political realities and prone to temper the sentences of military courts, concerned not with persecuting his opponents but with prosecuting the war efficiently. In addition, Neely explores the abuses of power under the regime of martial law: the routine torture of suspected deserters, widespread antisemitism among Union generals and officials, the common practice of seizing civilian hostages. He finds that though the system of military justice was flawed, it suffered less from merciless zeal, or political partisanship, than from inefficiency and the friction and complexities of modern war. Informed by a deep understanding of a unique period in American history, this incisive book takes a comprehensive look at the issues of civil liberties during Lincoln's administration, placing them firmly in the political context of the time. Written with keen insight and an intimate grasp of the original sources, The Fate of Liberty offers a vivid picture of the crises and chaos of a nation at war with itself, changing our understanding of this president and his most controversial policies.

War, States, and Contention

Sidney Tarrow
War States and Contention Book PDF

Author : Sidney Tarrow
Publisher : Cornell University Press
Page : 329 pages
File Size : 40,7 Mb
Release : 2015-05-21
Category : Political Science
ISBN : 9780801456237

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War, States, and Contention by Sidney Tarrow Pdf

For the last two decades, Sidney Tarrow has explored "contentious politics"—disruptions of the settled political order caused by social movements. These disruptions range from strikes and street protests to riots and civil disobedience to revolution. In War, States, and Contention, Tarrow shows how such movements sometimes trigger, animate, and guide the course of war and how they sometimes rise during war and in war's wake to change regimes or even overthrow states. Tarrow draws on evidence from historical and contemporary cases, including revolutionary France, the United States from the Civil War to the anti–Vietnam War movement, Italy after World War I, and the United States during the decade following 9/11.In the twenty-first century, movements are becoming transnational, and globalization and internationalization are moving war beyond conflict between states. The radically new phenomenon is not that movements make war against states but that states make war against movements. Tarrow finds this an especially troublesome development in recent U.S. history. He argues that that the United States is in danger of abandoning the devotion to rights it had expanded through two centuries of struggle and that Americans are now institutionalizing as a "new normal" the abuse of rights in the name of national security. He expands this hypothesis to the global level through what he calls "the international state of emergency."

The Body of John Merryman

Brian McGinty
The Body of John Merryman Book PDF

Author : Brian McGinty
Publisher : Harvard University Press
Page : 272 pages
File Size : 52,9 Mb
Release : 2011-10-05
Category : History
ISBN : 9780674061552

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The Body of John Merryman by Brian McGinty Pdf

When Chief Justice Taney declared Lincoln’s suspension of habeas corpus unconstitutional and demanded the release of John Merryman, Lincoln defied the order, offering a forceful counter-argument for the constitutionality of his actions. The result was one of the most significant cases in American legal history—a case that resonates in our own time.

In the Highest Degree Odious

Alfred William Brian Simpson
In the Highest Degree Odious Book PDF

Author : Alfred William Brian Simpson
Publisher : Oxford University Press
Page : 482 pages
File Size : 46,8 Mb
Release : 1994
Category : Law
ISBN : 9780198259497

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In the Highest Degree Odious by Alfred William Brian Simpson Pdf

During the Second World War, just under 2000 British citizens were detained without charge, trial or term set, under Regulation 18B of the wartime Defence Regulations. This book provides a comprehensive study of Regulation 18B and its precursor in the First World War, Regulation 14B.

Lincoln's Constitution

Daniel A. Farber
Lincoln s Constitution Book PDF

Author : Daniel A. Farber
Publisher : University of Chicago Press
Page : 256 pages
File Size : 42,6 Mb
Release : 2011-04-08
Category : Law
ISBN : 9780226237954

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Lincoln's Constitution by Daniel A. Farber Pdf

In Lincoln's Constitution Daniel Farber leads the reader to understand exactly how Abraham Lincoln faced the inevitable constitutional issues brought on by the Civil War. Examining what arguments Lincoln made in defense of his actions and how his words and deeds fit into the context of the times, Farber illuminates Lincoln's actions by placing them squarely within their historical moment. The answers here are crucial not only for a better understanding of the Civil War but also for shedding light on issues-state sovereignty, presidential power, and limitations on civil liberties in the name of national security-that continue to test the limits of constitutional law even today.

Six Encounters with Lincoln

Elizabeth Brown Pryor
Six Encounters with Lincoln Book PDF

Author : Elizabeth Brown Pryor
Publisher : Penguin
Page : 496 pages
File Size : 44,6 Mb
Release : 2017-02-07
Category : Biography & Autobiography
ISBN : 9780735222793

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Six Encounters with Lincoln by Elizabeth Brown Pryor Pdf

Winner of the Barondess/Lincoln Award from The Civil War Round Table of New York “Fascinating reading. . .this book eerily reflects some of today’s key issues.” – The New York Times Book Review From an award-winning historian, an engrossing look at how Abraham Lincoln grappled with the challenges of leadership in an unruly democracy An awkward first meeting with U.S. Army officers, on the eve of the Civil War. A conversation on the White House portico with a young cavalry sergeant who was a fiercely dedicated abolitionist. A tense exchange on a navy ship with a Confederate editor and businessman. In this eye-opening book, Elizabeth Brown Pryor examines six intriguing, mostly unknown encounters that Abraham Lincoln had with his constituents. Taken together, they reveal his character and opinions in unexpected ways, illustrating his difficulties in managing a republic and creating a presidency. Pryor probes both the political demons that Lincoln battled in his ambitious exercise of power and the demons that arose from the very nature of democracy itself: the clamorous diversity of the populace, with its outspoken demands. She explores the trouble Lincoln sometimes had in communicating and in juggling the multiple concerns that make up being a political leader; how conflicted he was over the problem of emancipation; and the misperceptions Lincoln and the South held about each other. Pryor also provides a fascinating discussion of Lincoln’s fondness for storytelling and how he used his skills as a raconteur to enhance both his personal and political power. Based on scrupulous research that draws on hundreds of eyewitness letters, diaries, and newspaper excerpts, Six Encounters with Lincoln offers a fresh portrait of Lincoln as the beleaguered politician who was not especially popular with the people he needed to govern with, and who had to deal with the many critics, naysayers, and dilemmas he faced without always knowing the right answer. What it shows most clearly is that greatness was not simply laid on Lincoln’s shoulders like a mantle, but was won in fits and starts.

In the Name of Necessity

Marouf Hasian
In the Name of Necessity Book PDF

Author : Marouf Hasian
Publisher : University Alabama Press
Page : 336 pages
File Size : 41,6 Mb
Release : 2005-10-30
Category : History
ISBN : UOM:39015062598159

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In the Name of Necessity by Marouf Hasian Pdf

Analyses the ways American leaders have justified the use of military tribunals, the suspension of due process, and the elimination of habeas corpus Though the war on terrorism is said to have generated unprecedented military situations, arguments for the Patriot Act and military tribunals following 9/11 resemble many historical claims for restricting civil liberties, more often than not in the name of necessity. Marouf Hasian Jr. examines the major legal cases that show how various generations have represented the need for military tribunals, and how officials historically have applied the term “necessity.” George Washington cited the necessity of martial discipline in executing the British operative Major André. Tribunals tried and convicted more than 200 Sioux warriors during the Dakota Wars. President Lincoln suspended habeas corpus for many civilian and military prisoners during the Civil War. Twentieth Century military and civilian leaders selectively drafted their own codes, leading to the execution of German saboteurs during World War II. Further, General MacArthur’s tribunal to investigate the wartime activities of Japanese General Yamashita raised the specter of “victor’s justice,” anticipating the outcry that attended the Nuremberg trials. In those cases as in current debates about the prosecution of terrorists, Hasian argues that the past is often cited selectively, neglecting historical contexts and the controversies these cases engendered.