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Author: Stewart L. Winger
Publisher: University Press of Kansas
ISBN: 070062936X
Category : Political Science
Languages : en
Pages : 386
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Book Description
At the very end of the Civil War, a military court convicted Lambdin P. Milligan and his coconspirators in Indiana of fomenting a general insurrection and sentenced them to hang. On appeal, in Ex parte Milligan the US Supreme Court sided with the conspirators, ruling that it was unconstitutional to try American citizens in military tribunals when civilian courts were open and functioning—as they were in Indiana. Far from being a relic of the Civil War, the landmark 1866 decision has surprising relevance in our day, as this volume makes clear. Cited in four Supreme Court decisions arising from the wars in Afghanistan and Iraq, Ex parte Milligan speaks to constitutional questions raised by the war on terror; but more than that, the authors of Ex parte Milligan Reconsidered contend, the case affords an opportunity to reevaluate the history of wartime civil liberties from the Civil War era to our own. After the Civil War, critics of Reconstruction pointed to Milligan as an example of the Republican Party’s abuse of federal power; even historians sympathetic to Lincoln have found it necessary to apologize for his administration’s record on civil liberties during the Civil War. However, the authors of this volume argue that this distorts the nineteenth-century understanding of the Bill of Rights, neglects international law entirely, and, equally striking, ignores the experience of African Americans. In reviving Milligan, the Supreme Court has implicitly cast Reconstruction as a “war on terror” in which terrorist insurgencies threatened and eventually halted the assertion of black freedom by the Republican Party, the Union Army, and African Americans themselves. Returning African Americans to the center of the story, and recognizing that Lincoln and Republicans were often forced to restrict white civil liberties in order to establish black civil rights and liberties, Ex parte Milligan Reconsidered suggests an entirely different account of wartime civil liberties, one with profound implications for US racial history and constitutional law in today’s war on terror.
Author: Stewart L. Winger
Publisher: University Press of Kansas
ISBN: 070062936X
Category : Political Science
Languages : en
Pages : 386
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Book Description
At the very end of the Civil War, a military court convicted Lambdin P. Milligan and his coconspirators in Indiana of fomenting a general insurrection and sentenced them to hang. On appeal, in Ex parte Milligan the US Supreme Court sided with the conspirators, ruling that it was unconstitutional to try American citizens in military tribunals when civilian courts were open and functioning—as they were in Indiana. Far from being a relic of the Civil War, the landmark 1866 decision has surprising relevance in our day, as this volume makes clear. Cited in four Supreme Court decisions arising from the wars in Afghanistan and Iraq, Ex parte Milligan speaks to constitutional questions raised by the war on terror; but more than that, the authors of Ex parte Milligan Reconsidered contend, the case affords an opportunity to reevaluate the history of wartime civil liberties from the Civil War era to our own. After the Civil War, critics of Reconstruction pointed to Milligan as an example of the Republican Party’s abuse of federal power; even historians sympathetic to Lincoln have found it necessary to apologize for his administration’s record on civil liberties during the Civil War. However, the authors of this volume argue that this distorts the nineteenth-century understanding of the Bill of Rights, neglects international law entirely, and, equally striking, ignores the experience of African Americans. In reviving Milligan, the Supreme Court has implicitly cast Reconstruction as a “war on terror” in which terrorist insurgencies threatened and eventually halted the assertion of black freedom by the Republican Party, the Union Army, and African Americans themselves. Returning African Americans to the center of the story, and recognizing that Lincoln and Republicans were often forced to restrict white civil liberties in order to establish black civil rights and liberties, Ex parte Milligan Reconsidered suggests an entirely different account of wartime civil liberties, one with profound implications for US racial history and constitutional law in today’s war on terror.
Author: Gary L. Rose
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 286
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Book Description
Interprets the Supreme Court cases that have played a unique role in changing American law, politics and history. This title includes twenty-five cases that are preceded by a treatment of the historical, political and economic context during which they are decided.
Author: Louis Fisher
Publisher:
ISBN:
Category : History
Languages : en
Pages : 308
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Book Description
Offers coverage of wartime extra-legal courts. Focusing on those periods when the Constitution and civil liberties have been most severely tested by threats to national security, Fisher critiques tribunals called during the presidencies of Washington, Madison, Jackson, Lincoln, Andrew Johnson, Wilson, Franklin Roosevelt, and Truman.
Author: James P. Pfiffner
Publisher:
ISBN:
Category : Biography & Autobiography
Languages : en
Pages : 328
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Book Description
Passionate book, he focuses on the constitutional implications of expanded presidential power and why American citizens should care.
Author: William H. Rehnquist
Publisher: Vintage
ISBN: 0307424693
Category : Political Science
Languages : en
Pages : 289
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Book Description
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. "A highly original account of the proper role of the Supreme Court, a role that makes most sense in times of war, but that has its attractions whenever the Court is embroiled in great social controversies." --The New Republic 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.
Author: William Smithers Church
Publisher:
ISBN:
Category : Habeas corpus
Languages : en
Pages : 772
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Book Description
Author: David Miller DeWitt
Publisher: Baltimore : J. Murphy & Company
ISBN:
Category : Biography & Autobiography
Languages : en
Pages : 280
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Book Description
Author: Stephen Skowronek
Publisher: Oxford University Press
ISBN: 0197543103
Category : Political Science
Languages : en
Pages : 288
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Book Description
A powerful dissection of one of the fundamental problems in American governance today: the clash between presidents determined to redirect the nation through ever-tighter control of administration and an executive branch still organized to promote shared interests in steady hands, due deliberation, and expertise. President Trump pitted himself repeatedly against the institutions and personnel of the executive branch. In the process, two once-obscure concepts came center stage in an eerie faceoff. On one side was the specter of a "Deep State" conspiracyadministrators threatening to thwart the will of the people and undercut the constitutional authority of the president they elected to lead them. On the other side was a raw personalization of presidential power, one that a theory of "the unitary executive" gussied up and allowed to run roughshod over reason and the rule of law. The Deep State and the unitary executive framed every major contest of the Trump presidency. Like phantom twins, they drew each other out. These conflicts are not new. Stephen Skowronek, John A. Dearborn, and Desmond King trace the tensions between presidential power and the depth of the American state back through the decades and forward through the various settlements arrived at in previous eras. Phantoms of a Beleaguered Republic is about the breakdown of settlements and the abiding vulnerabilities of a Constitution that gave scant attention to administrative power. Rather than simply dump on Trump, the authors provide a richly historical perspective on the conflicts that rocked his presidency, and they explain why, if left untamed, the phantom twins will continue to pull the American government apart.
Author: Leslie Butler
Publisher: Univ of North Carolina Press
ISBN: 0807877573
Category : History
Languages : en
Pages : 400
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Book Description
In this intellectual history of American liberalism during the second half of the nineteenth century, Leslie Butler examines a group of nationally prominent and internationally oriented writers who sustained an American tradition of self-consciously progressive and cosmopolitan reform. She addresses how these men established a critical perspective on American racism, materialism, and jingoism in the decades between the 1850s and the 1890s while she recaptures their insistence on the ability of ordinary citizens to work toward their limitless potential as intelligent and moral human beings. At the core of Butler's study are the writers George William Curtis, Thomas Wentworth Higginson, James Russell Lowell, and Charles Eliot Norton, a quartet of friends who would together define the humane liberalism of America's late Victorian middle class. In creative engagement with such British intellectuals as John Stuart Mill, Thomas Carlyle, Matthew Arnold, Leslie Stephen, John Ruskin, James Bryce, and Goldwin Smith, these "critical Americans" articulated political ideals and cultural standards to suit the burgeoning mass democracy the Civil War had created. This transatlantic framework informed their notions of educative citizenship, print-based democratic politics, critically informed cultural dissemination, and a temperate, deliberative foreign policy. Butler argues that a careful reexamination of these strands of late nineteenth-century liberalism can help enrich a revitalized liberal tradition at the outset of the twenty-first century.
Author: John R. Vile
Publisher: Rowman & Littlefield Publishers
ISBN: 1442203862
Category : Law
Languages : en
Pages : 574
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Book Description
First published in 1954, this indispensable reference quickly became the gold standard for concise summaries of important U.S. Supreme Court cases. The only reference guide to Supreme Court cases organized both topically and chronologically within chapters so that readers understand how cases fit into a historical context, the 15th edition has been extensively revised to ensure that it remains the most up-to-date resource available. An essential resource for law students, lawyers, and everyone interested in our nation's Constitution and the Supreme Court decisions that explicate it.
