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Author: Eric Sandweiss
Publisher:
ISBN:
Category : Civil supremacy over the military
Languages : en
Pages : 114
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Book Description
Author: Eric Sandweiss
Publisher:
ISBN:
Category : Civil supremacy over the military
Languages : en
Pages : 114
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Book Description
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Author: Ulysses Samuel Lesh
Publisher:
ISBN:
Category : Copperhead movement
Languages : en
Pages : 336
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Book Description
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: Oscar Boswell (Jr.)
Publisher:
ISBN:
Category : Habeas corpus
Languages : en
Pages : 302
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Book Description
"It is the purpose of this paper to trace the case of Lambdin P. Milligan from its origin in the practice of the suspension of the privilege of the writ of habeas corpus and the secret societies to the reversal by the United States Supreme Court."--Abstract.
Author:
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 78
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Book Description
Author: Thomas J. Reed
Publisher: Rowman & Littlefield
ISBN: 1611478286
Category : History
Languages : en
Pages : 247
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Book Description
Avenging Lincoln’s Death: The Trial of John Wilkes Booth’s Accomplices is an examination of the 1865 military commission trial of eight alleged accomplices of John Wilkes Booth, the assassin who murdered President Abraham Lincoln. The book analyzes the trial transcript and other relevant evidence relating to the guilt of Booth’s alleged accomplices, as well as a careful application of basic constitutional law principles to the jurisdiction of the military commission and the fundamental fairness of the trial. The author found that the military commission trial was unconstitutional and unfair because Congress never authorized trial by military commission for these eight civilians. President Johnson exceeded the scope of his authority as commander in chief by ordering the accomplices to be tried by military commission. He failed to follow the Habeas Corpus Act of 1863 that required him to turn over the alleged accomplices to civilian authorities for prosecution. The accomplices were convicted on perjured testimony and the Government was allowed to drag in unrelated evidence of Confederate atrocities to poison the minds of the panel of officers.
Author: Gene Baldock
Publisher: Trafford Publishing
ISBN: 1426959214
Category : History
Languages : en
Pages : 463
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Book Description
The Neutralized Church offers an introduction to the answers to questions that many Christians are raising today. We have been manipulated into ignoring the obvious answers and dismissing the evidence of their truth, even though they have been readily available to all for generations. We reject and ignore those who defy political correctness and yet they speak the truth. The United States is in decline, and the US Dollar is now in jeopardy. Our educational system is falling further behind international competition, and our foreign policy has made us targets for hatred and unhappiness generated all over the planet. Morality has been abandoned, and powerful new government agencies have been created that threaten our freedom. Christians must learn what God expects of them before it's too late! The Neutralized Church calls on people with a foundational knowledge of the Bible-those who accept it as the Word of God. Only by understanding what Satan has done to the church can we truly begin to understand why all efforts to bring about change will fail. God works through those who willingly serve Him; therefore, the church is God's change agent. God will not change His strategy just because Christians permit Satan's unwanted influence over the church.
Author: James E Pfander
Publisher: Oxford University Press
ISBN: 0190623551
Category : Law
Languages : en
Pages : 328
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Book Description
Despite over two hundred years of experience with constitutional government, much remains unclear about the power of the political branches to curtail or re-define the judicial power of the United States. Uncertainty persists about the basis on which state courts and federal agencies may hear federal claims and the degree to which federal courts must review their decisions. Scholars approach these questions from a range of vantage points and have arrived at widely varying conclusions about the relationship between congressional and judicial power. Deploying familiar forms of legal analysis, and relying upon a new account of the Court's supremacy in relation to lower courts and tribunals, James Pfander advances a departmental conception of the judiciary. He argues that Congress can enlist the state courts, lower federal courts, and administrative agencies to hear federal claims in the first instance, but all of these tribunals must operate within a hierarchical framework over which the "one supreme Court" identified in the Constitution exercises ultimate supervisory authority. In offering the first general account of the Court as department head, Pfander takes up such important debates in the federal courts' literature as Congress's power to strip the federal courts of jurisdiction to review state court decisions, its authority to assign decision-making authority to state courts and non-Article III tribunals, its control over the doctrine of vertical stare decisis, and its ability to craft rules of practice for the federal system.
Author: Ronald M. Labbé
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 232
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Book Description
"The rough-and-tumble world of nineteenth-century New Orleans was a sanitation nightmare, with the city's slaughterhouses dumping animal remains into local backwaters. When Louisiana authorized a monopoly slaughterhouse to bring about sanitation reform, hundreds of independent butchers sued, framing their cases as an infringement of rights protected by the recently passed Fourteenth Amendment. The surviving cases that reached the U.S. Supreme Court pitted the butchers' right to labor against the state's "police power" to regulate public health. The result in 1873 was a controversial 5-4 decision that for the first time addressed the meaning and import of the Fourteenth Amendment. While ruling that Louisiana had legitimately exercised its powers, the Court's majority went much further to declare that the amendment - and its "due process" and "equal protection" clauses - applied exclusively to the plight of former slaves and, thus, were unavailable to any other American."--BOOK JACKET.
