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.
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 Ulysses Samuel Lesh and published by . This book was released on 1947 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Ex Parte Milligan written by Oscar Boswell (Jr.) and published by . This book was released on 1951 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: "It is the purpose of this paper to trace the case of Lambdin P. Milligan from its origin in the practice of the suspension of the privilege of the writ of habeas corpus and the secret societies to the reversal by the United States Supreme Court."--Abstract.
Download or read book Federal Habeas Corpus written by Charles Doyle and published by Nova Publishers. This book was released on 2007 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal habeas corpus is a procedure under which a federal court may review the legality of an individual's incarceration. It is most often the stage of the criminal appellate process that follows direct appeal and any available state collateral review. The law in the area is an intricate weave of statute and case law. Current federal law operates under the premise that with rare exceptions prisoners challenging the legality of the procedures by which they were tried or sentenced get "one bite of the apple." Relief for state prisoners is only available if the state courts have ignored or rejected their valid claims, and there are strict time limits within which they may petition the federal courts for relief. Moreover, a prisoner relying upon a novel interpretation of law must succeed on direct appeal; federal habeas review may not be used to establish or claim the benefits of a "new rule." Expedited federal habeas procedures are available in the case of state death row inmates if the state has provided an approved level of appointed counsel. The Supreme Court has held that Congress enjoys considerable authority to limit, but not to extinguish, access to the writ. This report is available in an abridged version as CRS Report RS22432, "Federal Habeas Corpus: An Abridged Sketch," by Charles Doyle.
Download or read book Religious Intolerance America and the World written by John Corrigan and published by University of Chicago Press. This book was released on 2020-04-07 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the news shows us every day, contemporary American culture and politics are rife with people who demonize their enemies by projecting their own failings and flaws onto them. But this is no recent development. Rather, as John Corrigan argues here, it’s an expression of a trauma endemic to America’s history, particularly involving our long domestic record of religious conflict and violence. Religious Intolerance, America, and the World spans from Christian colonists’ intolerance of Native Americans and the role of religion in the new republic’s foreign-policy crises to Cold War witch hunts and the persecution complexes that entangle Christians and Muslims today. Corrigan reveals how US churches and institutions have continuously campaigned against intolerance overseas even as they’ve abetted or performed it at home. This selective condemnation of intolerance, he shows, created a legacy of foreign policy interventions promoting religious freedom and human rights that was not reflected within America’s own borders. This timely, captivating book forces America to confront its claims of exceptionalism based on religious liberty—and perhaps begin to break the grotesque cycle of projection and oppression.
Download or read book Capital in the Nineteenth Century written by Robert E. Gallman and published by University of Chicago Press. This book was released on 2020-02-26 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: When we think about history, we often think about people, events, ideas, and revolutions, but what about the numbers? What do the data tell us about what was, what is, and how things changed over time? Economist Robert E. Gallman (1926–98) gathered extensive data on US capital stock and created a legacy that has, until now, been difficult for researchers to access and appraise in its entirety. Gallman measured American capital stock from a range of perspectives, viewing it as the accumulation of income saved and invested, and as an input into the production process. He used the level and change in the capital stock as proxy measures for long-run economic performance. Analyzing data in this way from the end of the US colonial period to the turn of the twentieth century, Gallman placed our knowledge of the long nineteenth century—the period during which the United States began to experience per capita income growth and became a global economic leader—on a strong empirical foundation. Gallman’s research was painstaking and his analysis meticulous, but he did not publish the material backing to his findings in his lifetime. Here Paul W. Rhode completes this project, giving permanence to a great economist’s insights and craftsmanship. Gallman’s data speak to the role of capital in the economy, which lies at the heart of many of the most pressing issues today.
Download or read book The War Went On written by Brian Matthew Jordan and published by LSU Press. This book was released on 2020-04-01 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, Civil War veterans have emerged from historical obscurity. Inspired by recent interest in memory studies and energized by the ongoing neorevisionist turn, a vibrant new literature has given the lie to the once-obligatory lament that the postbellum lives of Civil War soldiers were irretrievable. Despite this flood of historical scholarship, fundamental questions about the essential character of Civil War veteranhood remain unanswered. Moreover, because work on veterans has often proceeded from a preoccupation with cultural memory, the Civil War’s ex-soldiers have typically been analyzed as either symbols or producers of texts. In The War Went On: Reconsidering the Lives of Civil War Veterans, fifteen of the field’s top scholars provide a more nuanced and intimate look at the lives and experiences of these former soldiers. Essays in this collection approach Civil War veterans from oblique angles, including theater, political, and disability history, as well as borderlands and memory studies. Contributors examine the lives of Union and Confederate veterans, African American veterans, former prisoners of war, amputees, and ex-guerrilla fighters. They also consider postwar political elections, veterans’ business dealings, and even literary contests between onetime enemies and among former comrades.
Download or read book Lee Considered written by Alan T. Nolan and published by UNC Press Books. This book was released on 2000-11-09 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of all the heroes produced by the Civil War, Robert E. Lee is the most revered and perhaps the most misunderstood. Lee is widely portrayed as an ardent antisecessionist who left the United States Army only because he would not draw his sword against his native Virginia, a Southern aristocrat who opposed slavery, and a brilliant military leader whose exploits sustained the Confederate cause. Alan Nolan explodes these and other assumptions about Lee and the war through a rigorous reexamination of familiar and long-available historical sources, including Lee's personal and official correspondence and the large body of writings about Lee. Looking at this evidence in a critical way, Nolan concludes that there is little truth to the dogmas traditionally set forth about Lee and the war.
Download or read book The General Principles of Constitutional Law in the United States of America written by Thomas McIntyre Cooley and published by . This book was released on 1880 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Guide to the U S Supreme Court written by David G. Savage and published by . This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Appendixes provide additional information on the Court such as the Judiciary Acts of 1789 and 1925 and a list of Acts of Congress found by the Court to be unconstitutional. New cases include: McConnell v. Federal Election Commission (2003), Grutter v. Bollinger (2003), Lawrence v. Texas (2003), United States v. American Library Association Inc. (2003), Bush v. Gore (2000), Boy Scouts of America v. Dale (2000), Clinton v. City of New York (1998), Clinton v. Jones (1997), City of Boerne V. Flores (1997). The Guide also covers changes in Supreme Court's approach to religious freedom, the Rehnquist Court's legacy and the rejuvenation of federalism and state sovereignty. The power to investigate -- The power over internal affairs -- 5. The Court and the powers of the president : Article II -- The Commander in Chief -- The architect of foreign policy -- The president as executive -- The power to veto and to pardon -- Privilege and immunity -- The president versus the Court --
Download or read book The Iron Brigade written by Alan T. Nolan and published by Indiana University Press. This book was released on 1961 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: "I am immensely impressed . . . this particular Brigade needed a book of its own and now it has one which is definitely first-rate. . . . A fine book." —Bruce Catton "One of the '100 best books ever written on the Civil War.'" —Civil War Times Illustrated " . . . remains one of the best unit histories of the Union Army during the Civil War." —Southern Historian ". . . The Iron Brigade is the title for anyone desiring complete information on this military unit . . ." —Spring Creek Packet, Chuck Hamsa This is the story of the most famous unit in the Union Army, the only all-Western brigade in the Eastern armies of the Union—made up of troops from Indiana, Wisconsin, and Michigan.
Download or read book Guide to the Presidency SET written by Michael Nelson and published by CQ Press. This book was released on 2007-07-02 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Guide to the Presidency is the leading reference source on the persons who have occupied the White House and on the institution of the presidency itself. Readers turn to this guide for its vast array of factual information about the institution and the presidents, as well as for its analytical chapters that explain the structure and operations of the office and the president's relationship to co-equal branches of government, Congress and the Supreme Court. This new edition is updated to include: A new chapter on presidential power Coverage of the expansion of presidential power under President George W. Bush
Download or read book Only the Clothes on Her Back written by Laura F. Edwards and published by Oxford University Press. This book was released on 2022 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: Only the Clothes on Her Back illuminates the ways in which women, men of color, and poor people used textiles as a form of property that enabled them to gain access to the legal system and to exercise political power.
Download or read book The American Republic written by Bruce Frohnen and published by . This book was released on 2002 with total page 724 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many reference works offer compilations of critical documents covering individual liberty, local autonomy, constitutional order, and other issues that helped to shape the American political tradition. Yet few of those works are available in a form suitable for classroom use, and traditional textbooks give short shrift to these important issues. The American Republic overcomes that knowledge gap by providing, in a single volume, critical, original documents revealing the character of American discourse on the nature and importance of local government, the purposes of federal union, and the role of religion and tradition in forming America’s drive for liberty. The American Republic is divided into nine sections, each illustrating major philosophical, cultural, and policy positions at issue during crucial eras of American development. Readers will find documentary evidence of the purposes behind European settlement, American response to English acts, the pervasive role of religion in early American public life, and perspectives in the debate over independence. Subsequent chapters examine the roots of American constitutionalism, Federalist and Anti-Federalist arguments concerning the need to protect common law rights, and the debates over whether the states or the federal government held final authority in determining the course of public policy in America. Also included are the discussions regarding disagreements over internal improvements and other federal measures aimed at binding the nation, particularly in the area of commerce. The final section focuses on the political, cultural, and legal issues leading to the Civil War. Arguments and attempted compromises regarding slavery, along with laws that helped shape slavery, are highlighted. The volume ends with the prelude to the Civil War, a natural stopping-off point for studies of early American history. By bringing together key original documents and other writings that explain cultural, religious, and historical concerns, this volume gives students, teachers, and general readers an effective way to begin examining the diversity of issues and influences that characterize American history. The result unquestionably leads to a deeper and more thorough understanding of America's political, institutional, and cultural continuity and change. Bruce P. Frohnen is Associate Professor of Law at Ohio Northern University College of Law. He holds a J.D. from the Emory University School of Law and a Ph.D. in Government from Cornell University. Click here to print or download The American Republic index.
Download or read book The Development of the American Presidency written by Richard Ellis and published by Routledge. This book was released on 2022-05-02 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt: A full understanding of the institution of the American presidency requires us to examine how it developed from the founding to the present. This developmental lens, analyzing how historical turns have shaped the modern institution, allows for a richer, more nuanced understanding. The Development of the American Presidency pays great attention to that historical weight but is organized by the topics and concepts relevant to political science, with the constitutional origins and political development of the presidency its central focus. Through comprehensive and in-depth coverage, Richard J. Ellis looks at how the presidency has evolved in relation to the public, to Congress, to the executive branch, and to the law, showing at every step how different aspects of the presidency have followed distinct trajectories of change. Each chapter promotes active learning, beginning with a narrative account of some illustrative puzzle that brings to life a central concept. A wealth of photos, figures, and tables allow for the visual presentations of concepts. New to the Fourth Edition Explicit and expanded attention to the role of norms in shaping and constraining presidential power, with special focus on Trump’s norm-breaking and Biden’s efforts to shore up norms; Enhanced focus on the prospects for institutional reform, including in the electoral college, presidential relations with Congress, war powers, and the selection of Supreme Court justices; A full reckoning with the Trump presidency and its significance for the future of American democracy, presidential rhetoric, the unilateral executive, and the administrative state; Coverage of the first year of Biden’s presidency, including presidential rhetoric, relations with Congress and the bureaucracy, use of the war powers, and unilateral directives; Comprehensive updating of debates about the removal power, including the Supreme Court cases of Seila Law v. CFPB and Collins v. Yellen; In-depth exploration of the impact of partisan polarization on the legislative presidency and effective governance; Analysis of the 2020 election and its aftermath; Expanded discussion of impeachment to incorporate Trump’s two impeachments; Examination of presidential emergency powers, with special attention to Trump’s border wall declaration; Review of Biden’s and Trump’s impact on the judiciary; Assessment of Biden’s and Trump’s place in political time.
Download or read book Salmon P Chase written by Walter Stahr and published by Simon and Schuster. This book was released on 2022-02-22 with total page 848 pages. Available in PDF, EPUB and Kindle. Book excerpt: An NPR Best Book of 2022 From an acclaimed New York Times bestselling biographer, an “eloquently written, impeccably researched, and intensely moving” (The Wall Street Journal) reassessment of Abraham Lincoln’s indispensable Secretary of the Treasury: a leading proponent for black rights during his years in cabinet and later as Chief Justice of the United States. Salmon P. Chase is best remembered as a rival of Lincoln’s for the Republican nomination in 1860—but there would not have been a national Republican Party, and Lincoln could not have won the presidency, were it not for the groundwork Chase laid over the previous two decades. Starting in the early 1840s, long before Lincoln was speaking out against slavery, Chase was forming and leading antislavery parties. He represented fugitive slaves so often in his law practice that he was known as the attorney general for runaway negroes. Tapped by Lincoln to become Secretary of the Treasury, Chase would soon prove vital to the Civil War effort, raising the billions of dollars that allowed the Union to win the war while also pressing the president to recognize black rights. When Lincoln had the chance to appoint a chief justice in 1864, he chose his faithful rival because he was sure Chase would make the right decisions on the difficult racial, political, and economic issues the Supreme Court would confront during Reconstruction. Drawing on previously overlooked sources, Walter Stahr offers a “revelatory” (The Christian Science Monitor) new look at the pivotal events of the Civil War and its aftermath, and a “superb” (James McPherson), “magisterial” (Amanda Foreman) account of a complex forgotten man at the center of the fight for racial justice in 19th century America.
