The Constitution In Wartime
DOWNLOAD
Download The Constitution In Wartime PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get The Constitution In Wartime book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
The Constitution In Wartime
DOWNLOAD
Author : Mark Tushnet
language : en
Publisher: Duke University Press
Release Date : 2005-01-26
The Constitution In Wartime written by Mark Tushnet and has been published by Duke University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-26 with History categories.
Historical and contemporary examinations of the constitutional issues raised by war.
Habeas Corpus In Wartime
DOWNLOAD
Author : Amanda L. Tyler
language : en
Publisher: Oxford University Press
Release Date : 2017
Habeas Corpus In Wartime written by Amanda L. Tyler and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
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, particularly during World War II when the United States government detained tens of thousands of Japanese American citizens and later during the War on Terror. 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.
All The Laws But One
DOWNLOAD
Author : William H. Rehnquist
language : en
Publisher: Vintage
Release Date : 2007-12-18
All The Laws But One written by William H. Rehnquist and has been published by Vintage this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-12-18 with Political Science categories.
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.
Wartime Violation Of Italian American Civil Liberties Act
DOWNLOAD
Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution
language : en
Publisher:
Release Date : 2000
Wartime Violation Of Italian American Civil Liberties Act written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Social Science categories.
Freedom Of Speech In War Time 1919
DOWNLOAD
Author : Zechariah Chafee, Jr.
language : en
Publisher:
Release Date : 2008-06-01
Freedom Of Speech In War Time 1919 written by Zechariah Chafee, Jr. and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-06-01 with categories.
This scarce antiquarian book is a facsimile reprint of the original. Due to its age, it may contain imperfections such as marks, notations, marginalia and flawed pages. Because we believe this work is culturally important, we have made it available as part of our commitment for protecting, preserving, and promoting the world's literature in affordable, high quality, modern editions that are true to the original work.
The Powers Of War And Peace
DOWNLOAD
Author : John Yoo
language : en
Publisher: University of Chicago Press
Release Date : 2008-09-15
The Powers Of War And Peace written by John Yoo and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-09-15 with Political Science categories.
Since the September 11 attacks on the United States, the Bush administration has come under fire for its methods of combating terrorism. Waging war against al Qaeda has proven to be a legal quagmire, with critics claiming that the administration's response in Afghanistan and Iraq is unconstitutional. The war on terror—and, in a larger sense, the administration's decision to withdraw from the ABM Treaty and the Kyoto accords—has many wondering whether the constitutional framework for making foreign affairs decisions has been discarded by the present administration. John Yoo, formerly a lawyer in the Department of Justice, here makes the case for a completely new approach to understanding what the Constitution says about foreign affairs, particularly the powers of war and peace. Looking to American history, Yoo points out that from Truman and Korea to Clinton's intervention in Kosovo, American presidents have had to act decisively on the world stage without a declaration of war. They are able to do so, Yoo argues, because the Constitution grants the president, Congress, and the courts very different powers, requiring them to negotiate the country's foreign policy. Yoo roots his controversial analysis in a brilliant reconstruction of the original understanding of the foreign affairs power and supplements it with arguments based on constitutional text, structure, and history. Accessibly blending historical arguments with current policy debates, The Powers of War and Peace will no doubt be hotly debated. And while the questions it addresses are as old and fundamental as the Constitution itself, America's response to the September 11 attacks has renewed them with even greater force and urgency. “Can the president of the United States do whatever he likes in wartime without oversight from Congress or the courts? This year, the issue came to a head as the Bush administration struggled to maintain its aggressive approach to the detention and interrogation of suspected enemy combatants in the war on terrorism. But this was also the year that the administration’s claims about presidential supremacy received their most sustained intellectual defense [in] The Powers of War and Peace.”—Jeffrey Rosen, New York Times “Yoo’s theory promotes frank discussion of the national interest and makes it harder for politicians to parade policy conflicts as constitutional crises. Most important, Yoo’s approach offers a way to renew our political system’s democratic vigor.”—David B. Rivkin Jr. and Carlos Ramos-Mrosovsky, National Review
Total War And The Constitution
DOWNLOAD
Author : Edward Samuel Corwin
language : en
Publisher:
Release Date : 1947
Total War And The Constitution written by Edward Samuel Corwin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1947 with Total war categories.
The Constitution In Peril The Perpetual Growth Of The Imperial Presidency During Wartime And The Subversion Of Constitutional Checks And Balances
DOWNLOAD
Author : Steven Morris
language : en
Publisher: Lulu.com
Release Date : 2009-08-22
The Constitution In Peril The Perpetual Growth Of The Imperial Presidency During Wartime And The Subversion Of Constitutional Checks And Balances written by Steven Morris and has been published by Lulu.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-08-22 with Biography & Autobiography categories.
This thesis examines the exponential increase in the power of the presidency during wartime from the time of the Founding Fathers up until the beginning of the Obama administration. It focuses on the ways in which our Nation's wartime presidents have marginalized the role of Congress and the judiciary during foreign conflicts. The first half of this work analyzes the actions of wartime presidents from a historical context, which is supplemented in the second half by an in-depth comparative discussion of the actions taken by the Bush administration during the War on Terror. This work concludes by recommending detailed courses of action to be pursued by future presidents in order to restore the fundamental maxim of checks and balances.
Private Property Government Requisition And The Constitution 1914 1927
DOWNLOAD
Author : G. R. Rubin
language : en
Publisher: A&C Black
Release Date : 1994-01-01
Private Property Government Requisition And The Constitution 1914 1927 written by G. R. Rubin and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994-01-01 with History categories.
Private Property, Government Requisition and the Constitution, 1914-1927 ranges widely over different types of property, including aerodromes, ships, hotels, pubs, alcoholic drinks and foodstuffs, the history of whose requisition by the wartime state is carefully documented. It shows how the state, in this as in many areas, was forced to act by immediate pressures, often improvising rights over areas of life previously outside the power of government; by doing so it documents a key stage in the growth of centralised power in modern Britain.
War Press Freedom
DOWNLOAD
Author : Jeffery Alan Smith
language : en
Publisher: Oxford University Press
Release Date : 1999
War Press Freedom written by Jeffery Alan Smith and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Freedom of the press categories.
War and Press Freedom: The Problem of Prerogative Power is a groundbreaking and provocative study of one of the most perplexing civil liberties issues in American history: What authority does or should the government have to control press coverage and commentary in wartime? First Amendment scholar Jeffery A. Smith shows convincingly that no such extraordinary power exists under the Constitution, and that officials have had to rely on claiming the existence of an autocratic "higher law" of survival. Smith carefully surveys the development of statutory restrictions and military regulations for the news media from the ratification of the Bill of Rights in 1791 through the Gulf War of 1991. He concludes that the armed forces can justify refusal to divulge a narrow range of defense secrets, but that imposing other restrictions is unwise, unnecessary, and unconstitutional. In any event, as electronic communication becomes almost impossible to constrain, soldiers and journalists must learn how to respect each other's obligations in a democratic system.