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Author: Daniel A. Farber
Publisher: University of Chicago Press
ISBN: 0226237958
Category : Law
Languages : en
Pages : 251
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Book Description
In Lincoln's Constitution Daniel Farber leads the reader to understand exactly how Abraham Lincoln faced the inevitable constitutional issues brought on by the Civil War. Examining what arguments Lincoln made in defense of his actions and how his words and deeds fit into the context of the times, Farber illuminates Lincoln's actions by placing them squarely within their historical moment. The answers here are crucial not only for a better understanding of the Civil War but also for shedding light on issues-state sovereignty, presidential power, and limitations on civil liberties in the name of national security-that continue to test the limits of constitutional law even today.
Author: Daniel A. Farber
Publisher: University of Chicago Press
ISBN: 0226237958
Category : Law
Languages : en
Pages : 251
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Book Description
In Lincoln's Constitution Daniel Farber leads the reader to understand exactly how Abraham Lincoln faced the inevitable constitutional issues brought on by the Civil War. Examining what arguments Lincoln made in defense of his actions and how his words and deeds fit into the context of the times, Farber illuminates Lincoln's actions by placing them squarely within their historical moment. The answers here are crucial not only for a better understanding of the Civil War but also for shedding light on issues-state sovereignty, presidential power, and limitations on civil liberties in the name of national security-that continue to test the limits of constitutional law even today.
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: Richard B. Zabel
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 190
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Book Description
In recent years, there has been much controversy about the proper forum in which to prosecute and punish suspected terrorists. Some have endorsed aggressive use of military commissions; others have proposed an entirely new "national security court." However, as the nation strives for a vigorous and effective response to terrorism, we should not lose sight of the important tools that are already at our disposal, nor should we forget the costs and risks of seeking to break new ground by departing from established institutions and practices. As this White Paper shows, the existing criminal justice system has proved successful at handling a large number of important and challenging terrorism prosecutions over the past fifteen years-without sacrificing national security interests, rigorous standards of fairness and due process, or just punishment for those guilty of terrorism-related crimes.
Author: Douglas T. Kendall
Publisher: Environmental Law Institute
ISBN: 1585760862
Category : Central-local government relations
Languages : en
Pages : 175
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Book Description
If federalism is about protecting the states, why not listen to them? In the last decade, the Supreme Court has reworked significant areas of constitutional law with the professed purpose of protecting the dignity and authority of the states, while frequently disregarding the states'' views as to what federalism is all about. The Court, according to the states, is protecting federalism too much and too little. Too much, in striking down federal law where even the states recognize that a federal role is necessary to address a national problem. Too little, in inappropriately limiting state experimentation. By listening more carefully to the States, the Supreme Court could transform its federalism jurisprudence from a source of criticism and polarization to a doctrine that should win broad support from across the political spectrum. In this important book, six distinguished authors redefine federalism and reaffirm Justice Louis Brandeis's vision of states and localities as the laboratories of democracy.
Author: Trevor Burrus
Publisher: Cato Institute
ISBN: 1952223253
Category : Political Science
Languages : en
Pages : 313
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Book Description
Now in its 20th year, the Cato Supreme Court Review brings together leading legal scholars to analyze key cases from the Court's most recent term, plus cases coming up. Topics in the 2020-2021 edition include public disclosure of charitable donations (Americans for Prosperity Foundation v. Bonta), the off-campus speech (Mahanoy Area School District v. B.L.), union access onto agribusiness land (Cedar Point Nursery v. Hassid), police acting as "community caretakers" and warrantless police entries (Caniglia v. Strom), and Arizona's new voting laws (Brnovich v. DNC).
Author: John Norton Pomeroy
Publisher:
ISBN:
Category : Equitable remedies
Languages : en
Pages : 850
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Book Description
Author: United States. Commission on Wartime Relocation and Internment of Civilians
Publisher:
ISBN:
Category : Japanese Americans
Languages : en
Pages : 484
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Book Description
Author: Mark E. Neely Jr.
Publisher: Oxford University Press
ISBN: 0199923485
Category : History
Languages : en
Pages : 297
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Book Description
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.
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.
Author: Reva B. Siegel
Publisher:
ISBN: 9780615648217
Category : Abortion
Languages : en
Pages : 390
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Book Description
"As the landmark Roe v. Wade decision reaches its 40th anniversary, abortion remains a polarizing topic on America's legal and political landscape. Blending history, culture, and law, Before Roe v. Wade eplores the roots of the conflict, recovering through original documents and first-hand accounts the voices on both sides that helped shape the climate in which the Supreme Court ruled. Originally published in 2010, this new edition includes a new Afterword that explores what the history of conflict before Roe teaches us about the abortion conflict we live with today. Examining the role of social movements and political parties, the authors cast new light on a pivotal chapter in American history and suggest how Roe v. Wade, the case, because Roe v. Wade, the symbol. "--Cover, p. 4.
