The Power of Habeas Corpus in America
From the King's Prerogative to the War on Terror
- English
- PDF
- Available on iOS & Android
The Power of Habeas Corpus in America
From the King's Prerogative to the War on Terror
About This Book
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.
Frequently asked questions
Information
Table of contents
- Contents
- Acknowledgments
- Foreword
- Introduction
- Part I A History of Power Struggles
- Part II Executive Detention in Post-9/11 America
- Part III Custody and Liberty
- Appendix A Analysis of Hirabayashi v. United States
- Appendix B Analysis of Korematsu v. United States
- Appendix C Analysis of Ex parte Endo
- Appendix D Analysis of Rumsfeld v. Padilla
- Appendix E Analysis of Hamdi v. Rumsfeld
- Appendix F Analysis of Rasul v. Bush
- Appendix G Analysis of Hamdan v. Rumsfeld
- Appendix H Analysis of Boumediene v. Bush
- Selected Cases
- Historical Term Chart
- Selected Bibliography
- Index