All the Laws but One

Civil Liberties in Wartime

Author: William H. Rehnquist

Publisher: Vintage

ISBN: 0307424693

Category: Political Science

Page: 272

View: 9279

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. From the Trade Paperback edition.
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Supreme Court

Author: N.A

Publisher: N.A

ISBN: N.A

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Page: N.A

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Habeas Corpus in Wartime

From the Tower of London to Guantanamo Bay

Author: Amanda L. Tyler

Publisher: Oxford University Press

ISBN: 0199856664

Category: Law

Page: 448

View: 7086

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. 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.
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Grand Inquests

The Historic Impeachments Of Justice Samuel Chase And President Andrew Johnson

Author: William Rehnquist

Publisher: Harper Perennial

ISBN: 9780688171711

Category: Law

Page: 304

View: 2983

For only the second time in American history, the president has been impeached by the House of Representatives and is facing trial by the United States Senate. At such a critical point in our history as a nation, the question is "What comes next?" Most Americans have only a vague notion of the history surrounding the first presidential impeachment trial. So, where do we go for answers? Here in Grand Inquests, Chief Justice William H. Rehnquist provides dramatic accounts of two historic impeachment trials in the American past. With a keen sense of history and narrative ability, he recounts the 1805 trial of Justice Samuel Chase of the United States Supreme Court and the 1868 trial of President Andrew Johnson, which set the precedent by which our current president will be judged. The outcomes of these cases have remained extraordinarily important to the American system of government because they strengthened the constitutionally directed separation of powers. And though both men were acquitted, Chief Justice Rehnquist shows how a conviction in either case would also have deeply affected our present interpretation of the Constitution -- and, more likely, changed the course of history.
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Perilous Times

Free Speech in Wartime from the Sedition Act of 1798 to the War on Terrorism

Author: Geoffrey R. Stone

Publisher: W. W. Norton & Company

ISBN: 9780393058802

Category: History

Page: 730

View: 1617

An investigation into how free speech and other civil liberties have been compromised in America by war in six historical periods describes how presidents, Supreme Court justices, and resistors contributed to the administration of civil freedoms, in an account complemented by rare photographs, posters, and historical illustrations. 20,000 first printing.
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Justice in Blue and Gray

A Legal History of the Civil War

Author: Stephen C. Neff

Publisher: Harvard University Press

ISBN: 9780674054363

Category: History

Page: 360

View: 1479

Stephen Neff offers the first comprehensive study of the wide range of legal issues arising from the American Civil War, many of which resonate in debates to this day. Neff examines the lawfulness of secession, executive and legislative governmental powers, and laws governing the conduct of war. Whether the United States acted as a sovereign or a belligerent had legal consequences, including treating Confederates as rebellious citizens or foreign nationals in war. Property questions played a key role, especially when it came to the process of emancipation. Executive detentions and trials by military commissions tested civil liberties, and the end of the war produced a raft of issues on the status of the Southern states, the legality of Confederate acts, clemency, and compensation. A compelling aspect of the book is the inclusion of international law, as Neff situates the conflict within the general laws of war and details neutrality issues, where the Civil War broke important new legal ground. This book not only provides an accessible and informative legal portrait of this critical period but also illuminates how legal issues arise in a time of crisis, what impact they have, and how courts attempt to resolve them.
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The Fate of Liberty

Abraham Lincoln and Civil Liberties

Author: Mark E. Neely Jr.

Publisher: Oxford University Press

ISBN: 0199923485

Category: History

Page: 304

View: 8484

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.
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Abraham Lincoln and Treason in the Civil War

The Trials of John Merryman

Author: Jonathan W. White

Publisher: LSU Press

ISBN: 0807142166

Category: History

Page: 216

View: 550

In the spring of 1861, Union military authorities arrested Maryland farmer John Merryman on charges of treason against the United States for burning railroad bridges around Baltimore in an effort to prevent northern soldiers from reaching the capital. From his prison cell at Fort McHenry, Merryman petitioned Chief Justice of the Supreme Court Roger B. Taney for release through a writ of habeas corpus. Taney issued the writ, but President Abraham Lincoln ignored it. In mid-July Merryman was released, only to be indicted for treason in a Baltimore federal court. His case, however, never went to trial and federal prosecutors finally dismissed it in 1867. In Abraham Lincoln and Treason in the Civil War, Jonathan White reveals how the arrest and prosecution of this little-known Baltimore farmer had a lasting impact on the Lincoln administration and Congress as they struggled to develop policies to deal with both northern traitors and southern rebels. His work exposes several perennially controversial legal and constitutional issues in American history, including the nature and extent of presidential war powers, the development of national policies for dealing with disloyalty and treason, and the protection of civil liberties in wartime.
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War and Liberty

An American Dilemma : 1790 to the Present

Author: Geoffrey R. Stone

Publisher: W. W. Norton & Company

ISBN: 9780393330045

Category: History

Page: 220

View: 3324

An analysis of the challenges of preserving civil liberties in wartime by the national award-winning author of Perilous Times provides in-depth coverage of how constitutional rights have changed during the presidency of George W. Bush, in an account that also describes similar repressions of American civil liberties in times of war throughout history. Original.
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Centennial Crisis

The Disputed Election of 1876

Author: William H. Rehnquist

Publisher: Vintage

ISBN: 0307425215

Category: History

Page: 288

View: 5951

In the annals of presidential elections, the hotly contested 1876 race between Rutherford B. Hayes and Samuel J. Tilden was in many ways as remarkable in its time as Bush versus Gore was in ours. Chief Justice William Rehnquist offers readers a colorful and peerlessly researched chronicle of the post—Civil War years, when the presidency of Ulysses S. Grant was marked by misjudgment and scandal, and Hayes, Republican governor of Ohio, vied with Tilden, a wealthy Democratic lawyer and successful corruption buster, to succeed Grant as America’s chief executive. The upshot was a very close popular vote (in favor of Tilden) that an irremediably deadlocked Congress was unable to resolve. In the pitched battle that ensued along party lines, the ultimate decision of who would be President rested with a commission that included five Supreme Court justices, as well as five congressional members from each party. With a firm understanding of the energies that motivated the era’s movers and shakers, and no shortage of insight into the processes by which epochal decisions are made, Chief Justice Rehnquist draws the reader intimately into a nineteenth-century event that offers valuable history lessons for us in the twenty-first. From the Trade Paperback edition.
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The Court and the World

American Law and the New Global Realities

Author: Stephen Breyer

Publisher: Vintage

ISBN: 1101912073

Category: Law

Page: 400

View: 8340

"In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private--from the conduct of national security policy to the conduct of international trade--obliges the Court to understand and consider circumstances beyond America's borders. It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water's edge. To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension--how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily "smaller," the Court's horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations? While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law--and, by extension, the advancement of American interests and values--depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of "constitutional diplomats," a little remarked but increasingly important job for them in this fast-changing world."--Publisher's description.
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The Encyclopedia of Civil Liberties in America

Author: David Schultz,John R. Vile

Publisher: Routledge

ISBN: 1317457137

Category: Medical

Page: 40

View: 756

Driven by the growing reality of international terrorism, the threats to civil liberties and individual rights in America are greater today than at any time since the McCarthy era in the 1950s. At this critical time when individual freedoms are being weighed against the need for increased security, this exhaustive three-volume set provides the most detailed coverage of contemporary and historical issues relating to basic rights covered in the United States Constitution. The Encyclopedia of Civil Liberties in America examines the history and hotly contested debates surrounding the concept and practice of civil liberties. It provides detailed history of court cases, events, Constitutional amendments and rights, personalities, and themes that have had an impact on our freedoms in America. The Encyclopedia appraises the state of civil liberties in America today, and examines growing concerns over the limiting of personal freedoms for the common good. Complete with selected relevant documents and a chronology of civil liberties developments, and arranged in A-Z format with multiple indexes for quick reference, The Encyclopedia of Civil Liberties in America includes in-depth coverage of: freedom of speech, religion, press, and assembly, as outlined in the first amendment; protection against unreasonable search and seizure, as outlined in the fourth amendment; criminal due process rights, as outlined in the fifth, sixth, seventh, and eighth amendments; property rights, economic liberties, and other rights found within the text of the United States Constitution; Supreme Court justices, presidents, and other personalities, focusing specifically on their contributions to or effect on civil liberties; concepts, themes, and events related to civil liberties, both practical and theoretical; court cases and their impact on civil liberties.
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Southern Rights

Political Prisoners and the Myth of Confederate Constitutionalism

Author: Mark E. Neely

Publisher: University of Virginia Press

ISBN: 9780813918945

Category: History

Page: 212

View: 1282

"Based on the discovery of records of over four thousand of these prisoners, Mark E. Neely, Jr.'s book undermines the common understanding that Jefferson Davis and the Confederates were scrupulous in their respect for constitutional rights while Lincoln and the Unionists regularly violated the rights of dissenters. Neely reveals for the first time the extent of repression of Unionists and other civilians in the Confederacy and uncovers and marshals convincing evidence that Southerners were as ready as their Northern counterparts to give up civil liberties in response to the real or imagined threats of wartime."--BOOK JACKET.
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Freedom Under Fire

U.S. Civil Liberties in Times of War

Author: Michael Linfield

Publisher: South End Press

ISBN: 9780896083745

Category: Law

Page: 282

View: 8607

“The great wars we have fought for the sake of liberty have been accompanied, without exception, by the most draconian assaults on individual rights. This is the theme of Michael Linfield's Freedom Under Fire, and he documents it with examples from every war since the American Revolution.”—The Progressive “Linfield demonstrates conclusively, starting with the American Revolution and coming right up to the invasion of Panama, that the Bill of Rights is set aside by the government again and again, for reasons of 'national security.' He performs an important service, reminding us that liberty cannot be entrusted to the Bill of Rights or to the three branches of government, but only can be safeguarded by our own vigilance.”—Howard Zinn
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The War On Our Freedoms

Civil Liberties In An Age Of Terrorism

Author: Richard C. Leone,Gregory Anrig

Publisher: PublicAffairs

ISBN: 0786725540

Category: History

Page: 352

View: 6605

In each generation, for different reasons, America witnesses a tug of war between the instinct to suppress and the instinct for openness. Today, with the perception of a mortal threat from terrorists, the instinct to suppress is in the ascendancy. Part of the reason for this is the trauma that our country experienced on September 11, 2001, and part of the reason is that the people who are in charge of our government are inclined to use the suppression of information as a management strategy. Rather than waiting ten or fifteen years to point out what's wrong with the current rush to limit civil liberties in the name of "national security," these essays by top thinkers, scholars, journalists, and historians lift the veil on what is happening and why the implications are dangerous and disturbing and ultimately destructive of American values and ideals. Without our even being aware, the judiciary is being undermined, the press is being intimidated, racial profiling is rampant, and our privacy is being invaded. The "war on our freedoms " is just as real as the "war on terror "-and, in the end, just as dangerous.
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The Body of John Merryman

Author: Brian McGinty

Publisher: Harvard University Press

ISBN: 0674061551

Category: History

Page: 253

View: 6497

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.
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Trotskyists on Trial

Free Speech and Political Persecution Since the Age of FDR

Author: Donna T. Haverty-Stacke

Publisher: NYU Press

ISBN: 1479849626

Category: Law

Page: 304

View: 6362

Passed in June 1940, the Smith Act was a peacetime anti-sedition law that marked a dramatic shift in the legal definition of free speech protection in America by criminalizing the advocacy of disloyalty to the government by force. It also criminalized the acts of printing, publishing, or distributing anything advocating such sedition and made it illegal to organize or belong to any association that did the same. It was first brought to trial in July 1941, when a federal grand jury in Minneapolis indicted twenty-nine Socialist Workers Party members, fifteen of whom also belonged to the militant Teamsters Local 544. Eighteen of the defendants were convicted of conspiring to overthrow the government. Examining the social, political, and legal history of the first Smith Act case, this book focuses on the tension between the nation’s cherished principle of free political expression and the demands of national security on the eve of America’s entry into World War II. Based on newly declassified government documents and recently opened archival sources, Trotskyists on Trial explores the implications of the case for organized labor and civil liberties in wartime and postwar America. The central issue of how Americans have tolerated or suppressed dissent during moments of national crisis is not only important to our understanding of the past, but also remains a pressing concern in the post-9/11 world. This volume traces some of the implications of the compromise between rights and security that was made in the mid-twentieth century, offering historical context for some of the consequences of similar bargains struck today.
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War Powers

How the Imperial Presidency Hijacked the Constitution

Author: Peter Irons

Publisher: Macmillan

ISBN: 9780805080179

Category: Political Science

Page: 320

View: 972

This book examines a fundamental question in the development of the American empire: What constraints does the Constitution place on our territorial expansion, military intervention, occupation of foreign countries, and on the power the president may exer
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The Story of American Freedom

Author: Eric Foner

Publisher: W. W. Norton & Company

ISBN: 9780393319620

Category: History

Page: 422

View: 8637

Chronicles the history of America's pursuit of liberty, tracing the struggles among freed slaves, union organizers, women rights advocates, and other groups to widen freedom's promise
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Civil Rights in Wartime

The Post-9/11 Sikh Experience

Author: Dawinder S. Sidhu,Neha Singh Gohil

Publisher: Routledge

ISBN: 1317165616

Category: Law

Page: 232

View: 5194

In the days, months, and now years following the events of September 11th, 2001, discrimination against the Sikh community in America has escalated sharply, due in part to a populace that often confuses Sikhs, compelled by their faith to wear turbans, with the Muslim extremists responsible for the devastating terrorist attacks. Although Sikhs have since mobilized to spread awareness and condemn violence against themselves and Muslims, there has been a conspicuous absence of academic literature to aid scholars and commentators in understanding the effect of the backlash on the Sikh community. This volume provides a unique window onto this particular minority group's experience in an increasingly hostile climate, and offers a sharp analysis of the legal battles fought by Sikhs in post-9/11 America. In doing so, it adds a new chapter to the ongoing national story of the difficulties minority groups have faced in protecting their civil liberties in times of war.
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