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Author : Samuel Smith Nicholas
Publisher :
ISBN 13 :
Total Pages : 34 pages
Book Rating : 4.0/5 (24 download)
Download or read book Habeas Corpus, the Law of War, and Confiscation written by Samuel Smith Nicholas and published by . This book was released on 1862 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Samuel Smith Nicholas
Publisher :
ISBN 13 : 9783337817923
Total Pages : 36 pages
Book Rating : 4.8/5 (179 download)
Download or read book Habeas corpus, the law of war, and confiscation written by Samuel Smith Nicholas and published by . This book was released on 2019-08-13 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : S S (Samuel Smith) 1796- Nicholas
Publisher : Legare Street Press
ISBN 13 : 9781014105486
Total Pages : 30 pages
Book Rating : 4.1/5 (54 download)
Download or read book Habeas Corpus, the Law of War, and Confiscation written by S S (Samuel Smith) 1796- Nicholas and published by Legare Street Press. This book was released on 2021-09-09 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author : Amanda L. Tyler
Publisher : Oxford University Press
ISBN 13 : 0199366675
Total Pages : 250 pages
Book Rating : 4.1/5 (993 download)
Download or read book Habeas Corpus in Wartime written by Amanda L. Tyler and published by Oxford University Press. This book was released on 2017-11-01 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Benjamin Franklin Thomas
Publisher :
ISBN 13 :
Total Pages : 50 pages
Book Rating : 4.A/5 ( download)
Download or read book Remarks of the Hon. B.F. Thomas, of Massachusetts, on the Relation of the "seceded States" (so Called) to the Union written by Benjamin Franklin Thomas and published by . This book was released on 1862 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Garrard Glenn
Publisher :
ISBN 13 :
Total Pages : 216 pages
Book Rating : 4.:/5 (3 download)
Download or read book The Army and the Law written by Garrard Glenn and published by . This book was released on 1918 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : William Whiting
Publisher :
ISBN 13 :
Total Pages : 374 pages
Book Rating : 4.:/5 (334 download)
Download or read book War Powers Under the Constitution of the United States written by William Whiting and published by . This book was released on 1864 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : William Whiting
Publisher : Angell Press
ISBN 13 : 1446036677
Total Pages : 364 pages
Book Rating : 4.4/5 (46 download)
Download or read book War Powers Under the Constitution of the United States written by William Whiting and published by Angell Press. This book was released on 2010-09 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many of the earliest books, particularly those dating back to the 1900s and before, are now extremely scarce and increasingly expensive. We are republishing these classic works in affordable, high quality, modern editions, using the original text and artwork.
Author : Stephen C. Neff
Publisher : Harvard University Press
ISBN 13 : 9780674054363
Total Pages : 364 pages
Book Rating : 4.0/5 (543 download)
Download or read book Justice in Blue and Gray written by Stephen C. Neff and published by Harvard University Press. This book was released on 2010-06-15 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stephen Neff offers the first comprehensive study of the wide range of legal issues arising from the American Civil War, many of which resonate in debates to this day. Neff examines the lawfulness of secession, executive and legislative governmental powers, and laws governing the conduct of war. Whether the United States acted as a sovereign or a belligerent had legal consequences, including treating Confederates as rebellious citizens or foreign nationals in war. Property questions played a key role, especially when it came to the process of emancipation. Executive detentions and trials by military commissions tested civil liberties, and the end of the war produced a raft of issues on the status of the Southern states, the legality of Confederate acts, clemency, and compensation. A compelling aspect of the book is the inclusion of international law, as Neff situates the conflict within the general laws of war and details neutrality issues, where the Civil War broke important new legal ground. This book not only provides an accessible and informative legal portrait of this critical period but also illuminates how legal issues arise in a time of crisis, what impact they have, and how courts attempt to resolve them.
Author : Abhishek Singhvi
Publisher : Springer Nature
ISBN 13 : 9811529973
Total Pages : 336 pages
Book Rating : 4.8/5 (115 download)
Download or read book The Law of Emergency Powers written by Abhishek Singhvi and published by Springer Nature. This book was released on 2020-10-30 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive legal and constitutional study of emergency powers from a comparative common law perspective. It is one of very few comparative studies on three jurisdictions and arguably the first one to explore in detail various emergency powers, statutory and common law, constitutional and statutory law, martial law and military acting-in-aid of civil authority, wartime and peacetime invocations, and several related and vital themes like judicial review of emergency powers (existence, scope and degree). The three jurisdictions compared here are: the pure implied common law model (employed by the UK), implied constitutional model (employed by the USA) and the explicit constitutional model (employed by India). The book’s content has important implications, as these three jurisdictions collectively cover the largest population within the common law world, and also provide maximum representative diversity. The book covers the various positions on external emergencies as opposed to internal emergencies, economic/financial emergencies, and emergent inroads being made into state autonomy by the central or federal governments, through use of powers like Article 356 of the Indian Constitution. By providing a detailed examination of the law and practice of emergency powers, the book shares a wealth of valuable insights. Specific sub-chapters address questions like – what is the true meaning of ‘martial law’; who can invoke ‘martial law’; when can it be invoked and suspended; what happens when the military is called in to aid civilian authorities; can martial law be deemed to exist or coexist when this happens; what are the limits on state powers when an economic emergency is declared; and, above all, can, and if so, when and how should courts judicially review emergency powers? These and several other questions are asked and answered in this study. Though several checks and constraints have been devised regarding the scope and extent of ‘emergency powers,’ these powers are still prone to misuse, as all vast powers are. A study of the legal propositions on this subject, especially from a comparative perspective, is valuable for any body politic that aspires to practice democracy, while also allowing constitutionally controlled aberrations to protect that democracy.
Author : Roger Foster
Publisher :
ISBN 13 :
Total Pages : 822 pages
Book Rating : 4.3/5 (511 download)
Download or read book A Treatise on Federal Practice in Civil Causes written by Roger Foster and published by . This book was released on 1892 with total page 822 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Matthew Warshauer
Publisher : Univ. of Tennessee Press
ISBN 13 : 9781572336247
Total Pages : 332 pages
Book Rating : 4.3/5 (362 download)
Download or read book Andrew Jackson and the Politics of Martial Law written by Matthew Warshauer and published by Univ. of Tennessee Press. This book was released on 2006-11 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Lucid and well-researched." --The New Yorker In order to win the famous battle of New Orleans, Andrew Jackson believed that it was necessary to declare martial law and suspend the writ of habeas corpus. In doing so, he achieved both a great victory and the notoriety of being the first American general to ever suspend civil liberties in America. Andrew Jackson and the Politics of Martial Law tells the history of Jackson's use of martial law and how the controversy surrounding it followed him throughout his life. The work engages the age-old controversy over if, when, and who should be able to subvert the Constitution during times of national emergency. It also engages the continuing historical controversy over Jackson's political prowess and the importance of the rise of party politics during the early republic. As such, the book contributes to both the scholarship on Jackson and the legal and constitutional history of the intersection between the military and civilian spheres. To fully understand the history of martial law and the subsequent evolution of a theory of emergency powers, Matthew Warshauer asserts, one must also understand the political history surrounding the discussion of civil liberties and how Jackson's stature as a political figure and his expertise as a politician influenced such debates. Warshauer further explains that Abraham Lincoln cited Jackson's use of the military and suspension of civil liberties as justification for similar decisions during the Civil War. During both Jackson's and Lincoln's use of martial law, critics declared that such an action stood in opposition to both the Constitution and the nation's cherished republican principles of protecting liberty from dangerous power, especially that of the military. Supporters of martial law insisted that saving the nation became the preeminent cause when the republic was endangered. At the heart of such arguments lurked the partisan maneuvering of opposing political parties. Andrew Jackson and the Politics of Martial Law is a powerful examination of the history of martial law, its first use in the United States, and the consequent development of emergency powers for both military commanders and presidents. Matthew Warshauer is associate professor of history at Central Connecticut State University. He is the author of the forthcoming Andrew Jackson: First Men, America's Presidents. His articles have appeared in Tennessee Historical Quarterly, Connecticut History, Louisiana History, and New York History.
Author : Princeton University. Library
Publisher :
ISBN 13 :
Total Pages : 640 pages
Book Rating : 4.A/5 ( download)
Download or read book Special collections written by Princeton University. Library and published by . This book was released on 1920 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Noah Feldman
Publisher : Farrar, Straus and Giroux
ISBN 13 : 0374720878
Total Pages : 236 pages
Book Rating : 4.3/5 (747 download)
Download or read book The Broken Constitution written by Noah Feldman and published by Farrar, Straus and Giroux. This book was released on 2021-11-02 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New York Times Book Review Editors' Choice An innovative account of Abraham Lincoln, constitutional thinker and doer Abraham Lincoln is justly revered for his brilliance, compassion, humor, and rededication of the United States to achieving liberty and justice for all. He led the nation into a bloody civil war to uphold the system of government established by the US Constitution—a system he regarded as the “last best hope of mankind.” But how did Lincoln understand the Constitution? In this groundbreaking study, Noah Feldman argues that Lincoln deliberately and recurrently violated the United States’ founding arrangements. When he came to power, it was widely believed that the federal government could not use armed force to prevent a state from seceding. It was also assumed that basic civil liberties could be suspended in a rebellion by Congress but not by the president, and that the federal government had no authority over slavery in states where it existed. As president, Lincoln broke decisively with all these precedents, and effectively rewrote the Constitution’s place in the American system. Before the Civil War, the Constitution was best understood as a compromise pact—a rough and ready deal between states that allowed the Union to form and function. After Lincoln, the Constitution came to be seen as a sacred text—a transcendent statement of the nation’s highest ideals. The Broken Constitution is the first book to tell the story of how Lincoln broke the Constitution in order to remake it. To do so, it offers a riveting narrative of his constitutional choices and how he made them—and places Lincoln in the rich context of thinking of the time, from African American abolitionists to Lincoln’s Republican rivals and Secessionist ideologues. Includes 8 Pages of Black-and-White Illustrations
Author : Daniel W. Hamilton
Publisher : ReadHowYouWant.com
ISBN 13 : 1459606248
Total Pages : 426 pages
Book Rating : 4.4/5 (596 download)
Download or read book The Limits of Sovereignty written by Daniel W. Hamilton and published by ReadHowYouWant.com. This book was released on 2010-10-21 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans take for granted that government does not have the right to permanently seize private property without just compensation. Yet for much of American history, such a view constituted the weaker side of an ongoing argument about government sovereignty and individual rights. What brought about this drastic shift in legal and political thoug...
Author : Christopher Gustavus Tiedeman
Publisher :
ISBN 13 :
Total Pages : 642 pages
Book Rating : 4.F/5 ( download)
Download or read book A Treatise on State and Federal Control of Persons and Property in the United States written by Christopher Gustavus Tiedeman and published by . This book was released on 1900 with total page 642 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : William Edward Birkhimer
Publisher :
ISBN 13 :
Total Pages : 690 pages
Book Rating : 4.:/5 (321 download)
Download or read book Military Government and Martial Law written by William Edward Birkhimer and published by . This book was released on 1914 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt:
