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Author : Mark Tushnet
Publisher : Duke University Press
Page : 278 pages
File Size : 42,8 Mb
Release : 2005-01-26
Category : History
ISBN : 0822334682
Historical and contemporary examinations of the constitutional issues raised by war.
Author : William Whiting
Publisher : Unknown
Page : 736 pages
File Size : 48,6 Mb
Release : 1871
Category : Executive power
ISBN : STANFORD:36105043928733
Author : Amanda L. Tyler
Publisher : Oxford University Press
Page : 465 pages
File Size : 54,6 Mb
Release : 2017
Category : Law
ISBN : 9780199856664
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.
Author : John Yoo
Publisher : University of Chicago Press
Page : 378 pages
File Size : 40,8 Mb
Release : 2008-09-15
Category : Political Science
ISBN : 9780226960333
Since the September 11 attacks on the United States, the Bush administration has come under fire for its methods of combating terrorism. Waging war against al Qaeda has proven to be a legal quagmire, with critics claiming that the administration's response in Afghanistan and Iraq is unconstitutional. The war on terror—and, in a larger sense, the administration's decision to withdraw from the ABM Treaty and the Kyoto accords—has many wondering whether the constitutional framework for making foreign affairs decisions has been discarded by the present administration. John Yoo, formerly a lawyer in the Department of Justice, here makes the case for a completely new approach to understanding what the Constitution says about foreign affairs, particularly the powers of war and peace. Looking to American history, Yoo points out that from Truman and Korea to Clinton's intervention in Kosovo, American presidents have had to act decisively on the world stage without a declaration of war. They are able to do so, Yoo argues, because the Constitution grants the president, Congress, and the courts very different powers, requiring them to negotiate the country's foreign policy. Yoo roots his controversial analysis in a brilliant reconstruction of the original understanding of the foreign affairs power and supplements it with arguments based on constitutional text, structure, and history. Accessibly blending historical arguments with current policy debates, The Powers of War and Peace will no doubt be hotly debated. And while the questions it addresses are as old and fundamental as the Constitution itself, America's response to the September 11 attacks has renewed them with even greater force and urgency. “Can the president of the United States do whatever he likes in wartime without oversight from Congress or the courts? This year, the issue came to a head as the Bush administration struggled to maintain its aggressive approach to the detention and interrogation of suspected enemy combatants in the war on terrorism. But this was also the year that the administration’s claims about presidential supremacy received their most sustained intellectual defense [in] The Powers of War and Peace.”—Jeffrey Rosen, New York Times “Yoo’s theory promotes frank discussion of the national interest and makes it harder for politicians to parade policy conflicts as constitutional crises. Most important, Yoo’s approach offers a way to renew our political system’s democratic vigor.”—David B. Rivkin Jr. and Carlos Ramos-Mrosovsky, National Review
Author : William Whiting
Publisher : Unknown
Page : 376 pages
File Size : 43,8 Mb
Release : 1864
Category : Executive power
ISBN : HARVARD:32044038488342
Author : Edward Samuel Corwin
Publisher : Books for Libraries
Page : 216 pages
File Size : 43,8 Mb
Release : 1970
Category : History
ISBN : STANFORD:36105043960256
The author discusses the disputes over the interpretation of the Constitution during World War II, the effects of the war on national government and constitutional rights and the aftereffects of the war.
Author : William Whiting
Publisher : BoD – Books on Demand
Page : 730 pages
File Size : 50,8 Mb
Release : 2023-02-24
Category : Fiction
ISBN : 9783382122300
Reprint of the original, first published in 1871. The publishing house Anatiposi publishes historical books as reprints. Due to their age, these books may have missing pages or inferior quality. Our aim is to preserve these books and make them available to the public so that they do not get lost.
Author : Jacobus tenBroek,Edward N. Barnhart,Floyd W. Matson
Publisher : Univ of California Press
Page : 428 pages
File Size : 40,8 Mb
Release : 1954
Category : History
ISBN : 0520012623
During World War II, 110,000 citizens and resident aliens of Japanese ancestry were banished from their homes and confined behind barbed wire for two and a half years. This comprehensive work surveys the historical origins, political characteristics, and legal consequences of that calamitous episode. The authors describe the myths and suspicions about Orientals on the West Coast and trace the influence of racial bigotry in the evacuation and in the court cases growing out of it. A theory is advanced to account for the administrative and legal decisions which initiated and concluded this calamity. Finally, the authors analyze the principal constitutional issues involved in the evacuation and their implications for the future.
Author : William G. Ross
Publisher : Cambridge University Press
Page : 403 pages
File Size : 46,5 Mb
Release : 2017-02-27
Category : History
ISBN : 9781107094642
"This book will explore the political, economic, and social forces that generated such rapid changes in traditional understandings of the constitutional relationships between the federal and state governments and their citizens"--
Author : Stephen M. Griffin
Publisher : Harvard University Press
Page : 375 pages
File Size : 53,8 Mb
Release : 2013-06-01
Category : Political Science
ISBN : 9780674074453
Extension of presidential leadership in foreign affairs to war powers has destabilized our constitutional order and deranged our foreign policy. Stephen M. Griffin shows unexpected connections between the imperial presidency and constitutional crises, and argues for accountability by restoring Congress to a meaningful role in decisions for war.
Author : William Whiting
Publisher : Hardpress Publishing
Page : 376 pages
File Size : 52,6 Mb
Release : 2013-06
Category : Electronic
ISBN : 1314567462
Unlike some other reproductions of classic texts (1) We have not used OCR(Optical Character Recognition), as this leads to bad quality books with introduced typos. (2) In books where there are images such as portraits, maps, sketches etc We have endeavoured to keep the quality of these images, so they represent accurately the original artefact. Although occasionally there may be certain imperfections with these old texts, we feel they deserve to be made available for future generations to enjoy.
Author : William Whiting
Publisher : Unknown
Page : 736 pages
File Size : 52,5 Mb
Release : 1871
Category : Electronic
ISBN : IBNR:CR100202239
Author : William Whiting
Publisher : Unknown
Page : 0 pages
File Size : 42,5 Mb
Release : 1871
Category : Electronic books
ISBN : OCLC:1199235595
Author : Louis Fisher
Publisher : Unknown
Page : 344 pages
File Size : 52,9 Mb
Release : 2004
Category : Law
ISBN : UOM:39015059116692
For this new edition, Louis Fisher has updated his arguments to include critiques of the Clinton & Bush presidencies, particularly the Use of Force Act, the Iraq Resolution of 2002, the 'preemption doctrine' of the current U.S. administration, & the order authorizing military tribunals.
Author : Michael Beschloss
Publisher : Crown
Page : 754 pages
File Size : 46,7 Mb
Release : 2019-10-22
Category : History
ISBN : 9780307409614
NEW YORK TIMES BESTSELLER • From a preeminent presidential historian comes a “superb and important” (The New York Times Book Review) saga of America’s wartime chief executives “Fascinating and heartbreaking . . . timely . . . Beschloss’s broad scope lets you draw important crosscutting lessons about presidential leadership.”—Bill Gates Widely acclaimed and ten years in the making, Michael Beschloss’s Presidents of War is an intimate and irresistibly readable chronicle of the Chief Executives who took the United States into conflict and mobilized it for victory. From the War of 1812 to Vietnam, we see these leaders considering the difficult decision to send hundreds of thousands of Americans to their deaths; struggling with Congress, the courts, the press, and antiwar protesters; seeking comfort from their spouses and friends; and dropping to their knees in prayer. Through Beschloss’s interviews with surviving participants and findings in original letters and once-classified national security documents, we come to understand how these Presidents were able to withstand the pressures of war—or were broken by them. Presidents of War combines this sense of immediacy with the overarching context of two centuries of American history, traveling from the time of our Founders, who tried to constrain presidential power, to our modern day, when a single leader has the potential to launch nuclear weapons that can destroy much of the human race. Praise for Presidents of War "A marvelous narrative. . . . As Beschloss explains, the greatest wartime presidents successfully leaven military action with moral concerns. . . . Beschloss’s writing is clean and concise, and he admirably draws upon new documents. Some of the more titillating tidbits in the book are in the footnotes. . . . There are fascinating nuggets on virtually every page of Presidents of War. It is a superb and important book, superbly rendered.”—Jay Winik, The New York Times Book Review "Sparkle and bite. . . . Valuable and engrossing study of how our chief executives have discharged the most significant of all their duties. . . . Excellent. . . . A fluent narrative that covers two centuries of national conflict.” —Richard Snow, The Wall Street Journal