All the Laws but One

Civil Liberties in Wartime

Author: William H. Rehnquist

Publisher: Vintage

ISBN: 0307424693

Category: Political Science

Page: 272

View: 9423

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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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Terrorism, the Laws of War, and the Constitution

Debating the Enemy Combatant Cases

Author: Peter Berkowitz

Publisher: Hoover Press

ISBN: 0817946233

Category: Political Science

Page: 196

View: 7897

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Terrorism, the Laws of War, and the Constitution examines three enemy combatant cases that represent the leading edge of U.S. efforts to devise legal rules, consistent with American constitutional principles, for waging the global war on terror. The distinguished contributors analyze the crucial questions these cases raise about the balance between national security and civil liberties in wartime and call for a reexamination of the complex connections between the Constitution and international law.
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War Time

An Idea, Its History, Its Consequences

Author: Mary L. Dudziak

Publisher: Oxford University Press

ISBN: 0199913471

Category: History

Page: 232

View: 2655

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On the surface, "wartime" is a period of time in which a society is at war. But we now live in what President Obama has called "an age without surrender ceremonies," where it is no longer easy to distinguish between times of war and times of peace. In this inventive meditation on war, time, and the law, Mary Dudziak argues that wartime is not as discrete a time period as we like to think. Instead, America has been engaged in some form of ongoing overseas armed conflict for over a century. Meanwhile policy makers and the American public continue to view wars as exceptional events that eventually give way to normal peace times. This has two consequences: first, because war is thought to be exceptional, "wartime" remains a shorthand argument justifying extreme actions like torture and detention without trial; and second, ongoing warfare is enabled by the inattention of the American people. More disconnected than ever from the wars their nation is fighting, public disengagement leaves us without political restraints on the exercise of American war powers.
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America Alone

The Neo-Conservatives and the Global Order

Author: Stefan Halper,Jonathan Clarke

Publisher: Cambridge University Press

ISBN: 9780521674607

Category: Political Science

Page: 369

View: 5892

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An in-depth critique of the Bush administration and the Iraq war argues that when America's immense military power is used unwisely by neo-conservative radicals that dominate the national security process, it can fracture global stability.
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Law in Times of Crisis

Emergency Powers in Theory and Practice

Author: Oren Gross,Fionnuala Ní Aoláin

Publisher: Cambridge University Press

ISBN: 1139457756

Category: Political Science

Page: N.A

View: 1072

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The terrorist attacks of September 11, 2001, and the ensuing 'war on terror' have focused attention on issues that have previously lurked in a dark corner at the edge of the legal universe. This book presents a systematic and comprehensive attempt by legal scholars to conceptualize the theory of emergency powers, combining post-September 11 developments with more general theoretical, historical and comparative perspectives. The authors examine the interface between law and violent crises through history and across jurisdictions, bringing together insights gleaned from the Roman republic and Jewish law through to the initial responses to the July 2005 attacks in London. Three models of emergency powers are used to offer a conceptualization of emergency regimes, giving a coherent insight into law's interface with and regulation of crisis and a distinctive means to evaluate the legal options open to states for dealing with crises.
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The Revolutionary Constitution

Author: David J. Bodenhamer

Publisher: Oxford University Press

ISBN: 019991303X

Category: History

Page: 296

View: 606

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The framers of the Constitution chose their words carefully when they wrote of a more perfect union--not absolutely perfect, but with room for improvement. Indeed, we no longer operate under the same Constitution as that ratified in 1788, or even the one completed by the Bill of Rights in 1791--because we are no longer the same nation. In The Revolutionary Constitution, David J. Bodenhamer provides a comprehensive new look at America's basic law, integrating the latest legal scholarship with historical context to highlight how it has evolved over time. The Constitution, he notes, was the product of the first modern revolution, and revolutions are, by definition, moments when the past shifts toward an unfamiliar future, one radically different from what was foreseen only a brief time earlier. In seeking to balance power and liberty, the framers established a structure that would allow future generations to continually readjust the scale. Bodenhamer explores this dynamic through seven major constitutional themes: federalism, balance of powers, property, representation, equality, rights, and security. With each, he takes a historical approach, following their changes over time. For example, the framers wrote multiple protections for property rights into the Constitution in response to actions by state governments after the Revolution. But twentieth-century courts--and Congress--redefined property rights through measures such as zoning and the designation of historical landmarks (diminishing their commercial value) in response to the needs of a modern economy. The framers anticipated just such a future reworking of their own compromises between liberty and power. With up-to-the-minute legal expertise and a broad grasp of the social and political context, this book is a tour de force of Constitutional history and analysis.
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Terror in the Balance

Security, Liberty, and the Courts

Author: Eric A. Posner,Adrian Vermeule

Publisher: Oxford University Press

ISBN: 9780198042372

Category: Law

Page: 328

View: 1220

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In Terror in the Balance, Posner and Vermeule take on civil libertarians of both the left and the right, arguing that the government should be given wide latitude to adjust policy and liberties in the times of emergency. They emphasize the virtues of unilateral executive actions and argue for making extensive powers available to the executive as warranted. The judiciary should neither second-guess security policy nor interfere on constitutional grounds. In order to protect citizens, government can and should use any legal instrument that is warranted under ordinary cost-benefit analysis. The value gained from the increase in security will exceed the losses from the decrease in liberty. At a time when the 'struggle against violent extremism' dominates the United States' agenda, this important and controversial work will spark discussion in the classroom and intellectual press alike.
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The Lawmen

United States Marshals and the Deputies, 1789-1989

Author: Frederick S. Calhoun

Publisher: Smithsonian Inst Press

ISBN: N.A

Category: Political Science

Page: 370

View: 775

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Traces the history of U.S. marshals, describes their official role, and tells the stories of famous marshals, including Wyatt Earp
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William H. Rehnquist, Chief Justice of the United States

Memorial Tributes in the Congress of the United States

Author: Senate (U S )

Publisher: Government Printing Office

ISBN: 9780160777844

Category: Biography & Autobiography

Page: 115

View: 8123

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Memorial addresses and other tributes held in the Senate and House of Representatives of the United States together with memorial services in honor of William H. Rehnquist, Chief Justice of the United States. Includes a brief biography. S. Doc. 109-07.
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Unchecked And Unbalanced

Presidential Power in a Time of Terror

Author: Schwarz O.,Aziz Huq

Publisher: The New Press

ISBN: 1595587454

Category: Political Science

Page: 288

View: 5439

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Thirty years after the Church Committee unearthed COINTELPRO and other instances of illicit executive behavior on the domestic and international fronts, the Bush administration has elevated the flaws identified by the committee into first principles of government. Through a constellation of non-public laws and opaque, unaccountable institutions, the current administration has created a “secret presidency” run by classified presidential decisions and orders about national security. A hyperactive Office of Legal Counsel in the Department of Justice is intent on eliminating checks on presidential power and testing that power’s limits. Decisions are routinely executed at senior levels within the civilian administration without input from Congress or the federal courts, let alone our international allies. Secret NSA spying at home is the most recent of these. Harsh treatment of detainees, “extraordinary renditions,” secret foreign prisons, and the newly minted enemy combatant designation have also undermined our values. The resulting policies have harmed counterterrorism efforts and produced few tangible results. With a partisan Congress predictably reluctant to censure a politically aligned president, it is all the more important for citizens themselves to demand disclosure, oversight, and restraint of sweeping claims of executive power. This book is the first step.
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