Author: James F. JohnstonPublisher: Gale Cengage Learning
ISBN:
Category : Civil rights
Languages : en
Pages : 60
Book Description
The Suspending Power and the Writ of Habeas Corpus
Author: James F. JohnstonPublisher: Gale Cengage Learning
ISBN:
Category : Civil rights
Languages : en
Pages : 60
Book Description
The Suspending Power and the Writ of Habeas Corpus (Classic Reprint)
Author: James F. JohnstonPublisher:
ISBN: 9781331193968
Category : Law
Languages : en
Pages : 54
Book Description
Excerpt from The Suspending Power and the Writ of Habeas Corpus The people of the United States, through State Conventions, ordained that the Constitution should be the supreme law of the land; and to secure the blessings of liberty to themselves and their posterity, by the 1st clause of the 9th section of the 1st Article, declared that "The privilege of the Writ of Habeas Corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it." It will be observed that this does not, nor docs the Constitution elsewhere, grant this privilege to the people. It assumes that they have it. It prohibits the Government of the United States, and all its departments, under any and all circumstances, from totally depriving the people of this, their privilege; but it does grant the power to suspend that privilege when, but not till, two things shall concur and have been determined by the competent authority, viz: 1. A rebellion, (or an invasion, ) and 2. That the public safety requires it to be then suspended. This clause grants, that, under these concurring conditions, that power may be exercised by - whom? That is the inquiry. It is affirmed by some, that that power is granted to the President, and by others that it belongs to the Congress. No one has thus far contended that it belongs to each of them, nor yet to the Judiciary. It follows that the power can be exercised only by the Congress or by the President. For the President's power it has been said: I. That the phrases, "privilege of the Writ," and "suspended" as predicated of that privilege, arc expressions unknown to the common or to parliamentary law - and that "suspending the Habeas Corpus Act" is an "inaccurate expression," as the Act "was never for a moment suspended." About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Habeas Corpus
Author: Paul D. HallidayPublisher: Harvard University Press
ISBN: 0674064208
Category : History
Languages : en
Pages : 513
Book Description
We call habeas corpus the Great Writ of Liberty. But it was actually a writ of power. In a work based on an unprecedented study of thousands of cases across more than five hundred years, Paul Halliday provides a sweeping revisionist account of the world's most revered legal device. In the decades around 1600, English judges used ideas about royal power to empower themselves to protect the king's subjects. The key was not the prisoner's "right" to "liberty"Ñthese are modern idiomsÑbut the possible wrongs committed by a jailer or anyone who ordered a prisoner detained. This focus on wrongs gave the writ the force necessary to protect ideas about rights as they developed outside of law. This judicial power carried the writ across the world, from Quebec to Bengal. Paradoxically, the representative impulse, most often expressed through legislative action, did more to undermine the writ than anything else. And the need to control imperial subjects would increasingly constrain judges. The imperial experience is thus crucial for making sense of the broader sweep of the writ's history and of English law. Halliday's work informed the 2008 U.S. Supreme Court ruling in Boumediene v. Bush on prisoners in the Guantnamo detention camps. His eagerly anticipated book is certain to be acclaimed the definitive history of habeas corpus.
Habeas Corpus
Author: Eric M. FreedmanPublisher: NYU Press
ISBN: 0814728367
Category : Law
Languages : en
Pages : 253
Book Description
Habeas Corpus is the process by which state prisoners—particularly those on death row—appeal to federal courts to have their convictions overturned. Its proper role in our criminal justice system has always been hotly contested, especially in the wake of 1996 legislation curtailing the ability of prisoners to appeal their sentences. In this timely volume, Eric M. Freedman reexamines four of the Supreme Court’s most important habeas corpus rulings: one by Chief Justice John Marshall in 1807 concerning Aaron Burr’s conspiracy, two arising from the traumatic national events of the 1915 Leo Frank case and the 1923 cases growing out of murderous race riots in Elaine County, Arkansas, and one case from 1953 that dramatized some of the ugliest features of the Southern justice of the period. In each instance, Freeman uncovers new original sources and tells the stories of the cases through such documents as the Justices’ draft opinions and the memos of law clerk William H. Rehnquist. In bracing and accessible language, Freedman then presents an interpretation that rewrites the conventional view. Building on these results, he challenges legalistic limits on habeas corpus and demonstrates how a vigorous writ is central to implementing the fundamental conceptions of individual liberty and constrained government power that underlie the Constitution.
The Power of Habeas Corpus in America
Author: Anthony GregoryPublisher: Cambridge University Press
ISBN: 1107067952
Category : Law
Languages : en
Pages : 433
Book Description
Despite its mystique as the greatest Anglo-American legal protection, habeas corpus' history features power plays, political hypocrisy, ad hoc jurisprudence, and failures in securing individual liberty. This book tells the story of the writ from medieval England to modern America, crediting the rocky history to the writ's very nature as a government power. The book weighs in on habeas' historical controversies - addressing its origins, the relationship between king and parliament, the US Constitution's Suspension Clause, the writ's role in the power struggle between the federal government and the states, and the proper scope of federal habeas for state prisoners and wartime detainees from the Civil War and World War II to the War on Terror. It stresses the importance of liberty and detention policy in making the writ more than a tool of power. The book presents a more nuanced and critical view of the writ's history, showing the dark side of this most revered judicial power.
Habeas Corpus After 9/11
Author: Jonathan HafetzPublisher: NYU Press
ISBN: 081472440X
Category : Political Science
Languages : en
Pages : 334
Book Description
Examines the rise of an American-run global detention system, including Guantâanamo Bay, Bagram Air Base in Afghanistan, and secret CIA jails, and discusses efforts that are being made to challenge this new prison system through habeas corpus.
All the Laws but One
Author: William H. RehnquistPublisher: Vintage
ISBN: 0307424693
Category : Political Science
Languages : en
Pages : 289
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.
The Suspending Power and the Writ of Habeas Corpus. [By J. F. Johnson.]
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Author: Elzevir Classics
Author: Classics of American Political and Constitutional Thought
Author: Scott J. HammondPublisher:
ISBN: 9780872207875
Category : History
Languages : en
Pages : 1236
Book Description
From James I's Address Before Parliament (1610) to Joseph R. Biden, Jr.'s Learned Hand Dinner Address Before the American Jewish Committee (2005), this two-volume set offers an unparalleled selection of key texts from the history of American political and constitutional thought.