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All the Laws but One

Civil Liberties In Wartime

By William H. Rehnquist, 1924-2005

In 1861, with the survival of the United States in jeopardy, Abraham Lincoln--the Great Emancipator and champion of human freedom--responded to the national threat by suspending the writ of habeas corpus, a traditional bulwark of individual liberty. Lincoln's decision reveals in stark terms a conflict inherent in the practice of American democracy, and in this absorbing new study the Chief Justice of the United States examines the inevitable clash between the demands of a successful war effort and the compelling need to protect civil liberties.

Taking his title from Lincoln's speech before Congress defending his suspention of the writ, William H. Rehnquist relates in vivid detail how the exigencies of wartime have strained, threatened, and ultimately confirmed our most cherished civil liberties. The decisions made by a wartime government are unlike those made in times of peace, and here the Chief Justice guides the reader through the various wartime policies--and the legal decisions that followed--that tested the civil liberties we traditionally enjoy: the Lincoln administration's prosecution of civilians before military tribunals (as well as of the alleged conspirators in the Lincoln assassination); the criminalization in World War I of speech inciting resistance to the draft; the forcible relocation of Japanese-Americans in World War II; and the imposition for nearly three years of martial law in Hawaii.

Each of these instances illustrates the Roman dictum Inter arma silent leges, "In time of war the laws are silent"; but as Rehnquist argues, that silence alternates with voices raised in defense of civil liberties. Written with characteristic grace and authority, All the Laws but One is a fascinating blend of historical narrative and legal analysis, a major contribution to our understanding of the great American experiment.

Format

Book

Availability

1 available at Main (Downtown)
  • 342.085 Reh, Nonfiction

Publish Date

1998

ISBN

0679446613


Format: Book
Author: Rehnquist, William H., 1924-2005
Summary: Discusses the Lincoln administration's prosecution of civilians before military tribunals (as well as of the alleged conspirators in the Lincoln assassination), the criminalization in World War I of speech inciting resistance to the draft, the forcible relocation of Japanese-Americans in World War II, and the imposition for nearly three years of martial law in Hawaii.
Title: All the laws but one : civil liberties in wartime / William H. Rehnquist.
Publisher Date: New York : Knopf, 1998.
Subject: Civil rights -- United States -- History -- 19th century. Habeas corpus -- United States -- History. United States -- History -- Civil War, 1861-1865 -- Law and legislation
Isbn: 0679446613 9780679446613
Current Holds: 0
System Items Available: 1
System Items Total: 1
Call Number: 342.085 Reh
Oclc: 38550385
Upc:
Bib Id: 417272

Format: Book
Author: Rehnquist, William H., 1924-2005
Summary: Discusses the Lincoln administration's prosecution of civilians before military tribunals (as well as of the alleged conspirators in the Lincoln assassination), the criminalization in World War I of speech inciting resistance to the draft, the forcible relocation of Japanese-Americans in World War II, and the imposition for nearly three years of martial law in Hawaii.
Title: All the laws but one : civil liberties in wartime / William H. Rehnquist.
Edition: 1st ed.
Publisher, Date: New York : Knopf, 1998.
Description: xiii, 254 p. : ill. ; 25 cm.
Subjects: Civil rights -- United States -- History -- 19th century.
Subjects: Habeas corpus -- United States -- History.
Subjects: United States -- History -- Civil War, 1861-1865 -- Law and legislation
Notes: Includes bibliographical references (p. 227-239) and index.
Contents: Mr. Lincoln goes to Washington -- Lincoln suspends habeas corpus -- Taney rebukes Lincoln -- Seward and Stanton -- Burnside and Vallandigham -- Copperheads in the heartland -- The Indianapolis treason trials -- David Davis and the Supreme Court -- The arguments in the Milligan case -- The Milligan decision -- Lincoln is assassinated -- Confederates in Canada -- Booth's accomplices -- World War I -- World War II: Japanese internments -- Postwar criticism -- Hawaii under martial law -- Inter arma silent leges.
LCCN: 98012641
ISBN: 0679446613
ISBN: 9780679446613
Requests: 0
Available Copies: 1
Total Copies: 1
Call Number: 342.085 Reh