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Author : Eric Sandweiss
Publisher :
ISBN 13 :
Total Pages : 114 pages
Book Rating : 4.:/5 (984 download)
Download or read book Ex Parte Milligan at 150 written by Eric Sandweiss and published by . This book was released on 2013 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Ex Parte Milligan written by and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Stewart L. Winger
Publisher : University Press of Kansas
ISBN 13 : 070062936X
Total Pages : 386 pages
Book Rating : 4.7/5 (6 download)
Download or read book Ex Parte Milligan Reconsidered written by Stewart L. Winger and published by University Press of Kansas. This book was released on 2020-04-16 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Thomas J. Reed
Publisher : Rowman & Littlefield
ISBN 13 : 1611478286
Total Pages : 247 pages
Book Rating : 4.6/5 (114 download)
Download or read book Avenging Lincoln’s Death written by Thomas J. Reed and published by Rowman & Littlefield. This book was released on 2015-11-12 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 13 : 1426959214
Total Pages : 463 pages
Book Rating : 4.4/5 (269 download)
Download or read book The Neutralized Church written by Gene Baldock and published by Trafford Publishing. This book was released on 2011-03 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 13 : 0190623551
Total Pages : 328 pages
Book Rating : 4.1/5 (96 download)
Download or read book One Supreme Court written by James E Pfander and published by Oxford University Press. This book was released on 2009-05-26 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 13 :
Total Pages : 232 pages
Book Rating : 4.3/5 ( download)
Download or read book The Slaughterhouse Cases written by Ronald M. Labbé and published by . This book was released on 2005 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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 : Scott M. Matheson
Publisher : Harvard University Press
ISBN 13 : 9780674031616
Total Pages : 260 pages
Book Rating : 4.0/5 (316 download)
Download or read book Presidential Constitutionalism in Perilous Times written by Scott M. Matheson and published by Harvard University Press. This book was released on 2009-02-16 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presidents have exercised extraordinary power to protect the nation in ways that raised serious constitutional concerns about individual liberties and separation of powers. Evaluating a variety of constitutional perspectives, Matheson achieves a deeper understanding of wartime presidential power.
Author :
Publisher :
ISBN 13 :
Total Pages : 714 pages
Book Rating : 4.A/5 ( download)
Download or read book Records and Briefs of the United States Supreme Court written by and published by . This book was released on 1832 with total page 714 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Steven Gow Calabresi
Publisher : Oxford University Press
ISBN 13 : 0190075791
Total Pages : 384 pages
Book Rating : 4.1/5 (9 download)
Download or read book The History and Growth of Judicial Review, Volume 1 written by Steven Gow Calabresi and published by Oxford University Press. This book was released on 2021-04-13 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume set examines the origins and growth of judicial review in the key G-20 constitutional democracies, which include the United States, the United Kingdom, France, Germany, Japan, Italy, India, Canada, Australia, South Korea, Brazil, South Africa, Indonesia, Mexico, and the European Union, as well as Israel. The volumes consider five different theories, which help to explain the origins of judicial review, and identify which theories apply best in the various countries discussed. They consider not only what gives rise to judicial review originally, but also what causes of judicial review lead it to become more powerful and prominent over time. Volume One discusses the G-20 common law countries and Israel.
Author : John F. Burns
Publisher : Univ of California Press
ISBN 13 : 0520936485
Total Pages : 302 pages
Book Rating : 4.5/5 (29 download)
Download or read book Taming the Elephant written by John F. Burns and published by Univ of California Press. This book was released on 2003-04-30 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taming the Elephant is the last of four volumes in the distinguished California History Sesquicentennial Series, an outstanding compilation of original essays by leading historians and writers. These topical, interrelated volumes reexamine the meaning of the founding of modern California during the state's pioneer period. General themes run through all four volumes: the interplay of traditional cultures and frontier innovation in the creation of a distinctive California society; the dynamic interaction of people and nature and the beginnings of massive environmental change; the impact of the California experience on the nation and the world; the influence of pioneer patterns on modern California; and the legacy of ethnic and cultural diversity as a major influence on the state's history. This fourth volume treats the role of post–Gold Rush California government, politics, and law in the building of a dynamic state, with influences that persist today. Provocative essays investigate the creation of constitutional foundations, law and jurisprudence, the formation of government agencies, and the development of public policy. Authors chart the roles played by diverse groups—criminals and peace officers, entrepreneurs and miners, farmers and public officials, defenders of discrimination and female and African American activists. The essays also explore subjects largely overlooked in the past, such as the significance of local and federal government in pioneer California and early struggles to secure civil rights for women and racial minorities.
Author : Alan T. Nolan
Publisher : Rowman & Littlefield
ISBN 13 : 9780945612711
Total Pages : 332 pages
Book Rating : 4.6/5 (127 download)
Download or read book "Rally, Once Again!" written by Alan T. Nolan and published by Rowman & Littlefield. This book was released on 2000 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Alan T. Nolan is one of our most esteemed historians of the Civil War. His classic history The Iron Brigade was chosen as one of the "100 best books ever written on the Civil War" by Civil War Times Illustrated. His articles have appeared in such publications as The American Historical Review, Gettysburg Magazine, Civil War, Civil War Times Illustrated, Indiana Magazine of History, and Virginia Magazine of History and Biography and he has been awarded the Nevins-Freeman award by the Chicago Civil War Round Table. Nolan is not the typical Civil-War historian. That he is a top-notch historian, no one can deny. But his legal training at Harvard, his career in the law, and his many years as an officer of the Indiana Historical Society have given him remarkable insights not imaginable by other historians. This new collection of previously published material celebrates Nolan's life-long research and study of the Civil War. Included are essays on the Iron Brigade, Gettysburg, and leaders such as Lincoln, Robert E. Lee, John Gibbon, and Joshua Lawrence Chamberlain. Central to all of the essays is Nolan's admiration for the valor of the common soldier and his conviction that the War was neither romantic nor glorious, though its results--emancipation and the maintenance of the Union--were surely monumental.
Author : Tom Ginsburg
Publisher : Cambridge University Press
ISBN 13 : 9780521520393
Total Pages : 322 pages
Book Rating : 4.5/5 (23 download)
Download or read book Judicial Review in New Democracies written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2003-07-23 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: New democracies around the world have adopted constitutional courts to oversee the operation of democratic politics. Where does judicial power come from, how does it develop in the early stages of democratic liberalization, and what political conditions support its expansion? This book answers these questions through an examination of three constitutional courts in Asia: Taiwan, Korea, and Mongolia. In a region that has traditionally viewed law as a tool of authoritarian rulers, constitutional courts in these three societies are becoming a real constraint on government. In contrast with conventional culturalist accounts, this book argues that the design and functioning of constitutional review are largely a function of politics and interests. Judicial review - the power of judges to rule an act of a legislature or national leader unconstitutional - is a solution to the problem of uncertainty in constitutional design. By providing insurance to prospective electoral losers, judicial review can facilitate democracy.
Author : United States
Publisher :
ISBN 13 :
Total Pages : 522 pages
Book Rating : 4.A/5 ( download)
Download or read book The Constitution of the United States written by United States and published by . This book was released on 1884 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Robert Desty
Publisher : BoD – Books on Demand
ISBN 13 : 3385469376
Total Pages : 346 pages
Book Rating : 4.3/5 (854 download)
Download or read book The Constitution of the United States written by Robert Desty and published by BoD – Books on Demand. This book was released on 2024-05-17 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the original, first published in 1881.
Author : Joshua E. Kastenberg
Publisher : Routledge
ISBN 13 : 1317118065
Total Pages : 281 pages
Book Rating : 4.3/5 (171 download)
Download or read book In a Time of Total War written by Joshua E. Kastenberg and published by Routledge. This book was released on 2016-03-17 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a judicial, military and political history of the period 1941 to 1954. As such, it is also a United States legal history of both World War II and the early Cold War. Civil liberties, mass conscription, expanded military jurisdiction, property rights, labor relations, and war crimes arising from the conflict were all issues to come before the federal judiciary during this period and well beyond since the Supreme Court and the lower courts heard appeals from the government’s wartime decisions well into the 1970s. A detailed study of the judiciary during World War II evidences that while the majority of the justices and judges determined appeals partly on the basis of enabling a large, disciplined, and reliable military to either deter or fight a third world war, there was a recognition of the existence of a tension between civil rights and liberties on the one side and military necessity on the other. While the majority of the judiciary tilted toward national security and deference to the military establishment, the judiciary’s recognition of this tension created a foundation for persons to challenge governmental narrowing of civil and individual rights after 1954. Kastenberg and Merriam present a clearer picture as to why the Court and the lower courts determined the issues before them in terms of external influences from both national and world-wide events. This book is also a study of civil-military relations in wartime so whilst legal scholars will find this study captivating, so will military and political historians, as well as political scientists and national security policy makers.
Author : James F. Simon
Publisher : Simon and Schuster
ISBN 13 : 0743250338
Total Pages : 338 pages
Book Rating : 4.7/5 (432 download)
Download or read book Lincoln and Chief Justice Taney written by James F. Simon and published by Simon and Schuster. This book was released on 2007-11-20 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: The clashes between President Abraham Lincoln and Chief Justice Roger B. Taney over slavery, secession, and the president's constitutional war powers are vividly brought to life in this compelling story of the momentous tug-of-war between these two men during the worst crisis in American history.
