All the Laws but One
All the Laws but One

Author: William H. Rehnquist

Publisher: Vintage

Published: 2007-12-18

Total Pages: 289

ISBN-13: 0307424693

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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 Taming of Free Speech
The Taming of Free Speech

Author: Laura Weinrib

Publisher: Harvard University Press

Published: 2016-10-10

Total Pages: 472

ISBN-13: 0674545710

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In the early decades of the twentieth century, business leaders condemned civil liberties as masks for subversive activity, while labor sympathizers denounced the courts as shills for industrial interests. But by the Second World War, prominent figures in both camps celebrated the judiciary for protecting freedom of speech. In this strikingly original history, Laura Weinrib illustrates how a surprising coalition of lawyers and activists made judicial enforcement of the Bill of Rights a defining feature of American democracy. The Taming of Free Speech traces our understanding of civil liberties to conflict between 1910 and 1940 over workers’ right to strike. As self-proclaimed partisans in the class war, the founders of the American Civil Liberties Union promoted a bold vision of free speech that encompassed unrestricted picketing and boycotts. Over time, however, they subdued their rhetoric to attract adherents and prevail in court. At the height of the New Deal, many liberals opposed the ACLU’s litigation strategy, fearing it would legitimize a judiciary they deemed too friendly to corporations and too hostile to the administrative state. Conversely, conservatives eager to insulate industry from government regulation pivoted to embrace civil liberties, despite their radical roots. The resulting transformation in constitutional jurisprudence—often understood as a triumph for the Left—was in fact a calculated bargain. America’s civil liberties compromise saved the courts from New Deal attack and secured free speech for labor radicals and businesses alike. Ever since, competing groups have clashed in the arena of ideas, shielded by the First Amendment.

Freedom Under Fire
Freedom Under Fire

Author: Michael Linfield

Publisher: South End Press

Published: 1990

Total Pages: 312

ISBN-13: 9780896083745

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"The great wars we have fought for the sake of liberty have been accompanied, without exception, by the most draconian assaults on individual rights. This is the theme of Michael Linfield's Freedom Under Fire, and he documents it with examples from every war since the American Revolution."--The Progressive "Linfield demonstrates conclusively, starting with the American Revolution and coming right up to the invasion of Panama, that the Bill of Rights is set aside by the government again and again, for reasons of 'national security.' He performs an important service, reminding us that liberty cannot be entrusted to the Bill of Rights or to the three branches of government, but only can be safeguarded by our own vigilance."--Howard Zinn

Security V. Liberty
Security V. Liberty

Author: Daniel Farber

Publisher: Russell Sage Foundation

Published: 2008-04-24

Total Pages: 258

ISBN-13: 9780871543271

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Explores the varied ways in which threats to national security have affected civil liberties throughout American history. Has the government’s response to such threats led to a gradual loss of freedoms once taken for granted, or has the nation learned how to restore civil liberties after threats subside and how to put protections in place for the future? The authors focus on periods of national emergency in the twentieth century—from World War I through the Vietnam War—to explore how past episodes might bear upon today’s dilemma. They show that civil liberties are a not an immutable right, but the historically shifting result of a continuous struggle that has extended over two centuries. From publisher description.

Perilous Times
Perilous Times

Author: Geoffrey R. Stone

Publisher: W. W. Norton & Company

Published: 2004

Total Pages: 758

ISBN-13: 9780393058802

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Geoffrey Stone's Perilous Times incisively investigates how the First Amendment and other civil liberties have been compromised in America during wartime. Stone delineates the consistent suppression of free speech in six historical periods from the Sedition Act of 1798 to the Vietnam War, and ends with a coda that examines the state of civil liberties in the Bush era. Full of fresh legal and historical insight, Perilous Times magisterially presents a dramatic cast of characters who influenced the course of history over a two-hundred-year period: from the presidents—Adams, Lincoln, Wilson, Roosevelt, and Nixon—to the Supreme Court justices—Taney, Holmes, Brandeis, Black, and Warren—to the resisters—Clement Vallandingham, Emma Goldman, Fred Korematsu, and David Dellinger. Filled with dozens of rare photographs, posters, and historical illustrations, Perilous Times is resonant in its call for a new approach in our response to grave crises.

The Fate of Liberty
The Fate of Liberty

Author: Mark E. Neely Jr.

Publisher: Oxford University Press

Published: 1992-08-20

Total Pages: 297

ISBN-13: 0199923485

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If Abraham Lincoln was known as the Great Emancipator, he was also the only president to suspend the writ of habeas corpus. Indeed, Lincoln's record on the Constitution and individual rights has fueled a century of debate, from charges that Democrats were singled out for harrassment to Gore Vidal's depiction of Lincoln as an "absolute dictator." Now, in the Pulitzer Prize-winning The Fate of Liberty, one of America's leading authorities on Lincoln wades straight into this controversy, showing just who was jailed and why, even as he explores the whole range of Lincoln's constitutional policies. Mark Neely depicts Lincoln's suspension of habeas corpus as a well-intentioned attempt to deal with a floodtide of unforeseen events: the threat to Washington as Maryland flirted with secession, disintegrating public order in the border states, corruption among military contractors, the occupation of hostile Confederate territory, contraband trade with the South, and the outcry against the first draft in U.S. history. Drawing on letters from prisoners, records of military courts and federal prisons, memoirs, and federal archives, he paints a vivid picture of how Lincoln responded to these problems, how his policies were actually executed, and the virulent political debates that followed. Lincoln emerges from this account with this legendary statesmanship intact--mindful of political realities and prone to temper the sentences of military courts, concerned not with persecuting his opponents but with prosecuting the war efficiently. In addition, Neely explores the abuses of power under the regime of martial law: the routine torture of suspected deserters, widespread antisemitism among Union generals and officials, the common practice of seizing civilian hostages. He finds that though the system of military justice was flawed, it suffered less from merciless zeal, or political partisanship, than from inefficiency and the friction and complexities of modern war. Informed by a deep understanding of a unique period in American history, this incisive book takes a comprehensive look at the issues of civil liberties during Lincoln's administration, placing them firmly in the political context of the time. Written with keen insight and an intimate grasp of the original sources, The Fate of Liberty offers a vivid picture of the crises and chaos of a nation at war with itself, changing our understanding of this president and his most controversial policies.

The War On Our Freedoms
The War On Our Freedoms

Author: Richard C Leone

Publisher: PublicAffairs

Published: 2008-08-06

Total Pages: 338

ISBN-13: 0786725540

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In each generation, for different reasons, America witnesses a tug of war between the instinct to suppress and the instinct for openness. Today, with the perception of a mortal threat from terrorists, the instinct to suppress is in the ascendancy. Part of the reason for this is the trauma that our country experienced on September 11, 2001, and part of the reason is that the people who are in charge of our government are inclined to use the suppression of information as a management strategy. Rather than waiting ten or fifteen years to point out what's wrong with the current rush to limit civil liberties in the name of "national security," these essays by top thinkers, scholars, journalists, and historians lift the veil on what is happening and why the implications are dangerous and disturbing and ultimately destructive of American values and ideals. Without our even being aware, the judiciary is being undermined, the press is being intimidated, racial profiling is rampant, and our privacy is being invaded. The "war on our freedoms " is just as real as the "war on terror " -- and, in the end, just as dangerous.

FDR Goes to War
FDR Goes to War

Author: Burton W. Folsom

Publisher: Simon and Schuster

Published: 2011-10-11

Total Pages: 386

ISBN-13: 1439183228

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From the acclaimed author of New Deal or Raw Deal?, called “eye-opening” by the National Review, comes a fascinating exposé of Franklin Delano Roosevelt’s destructive wartime legacy—and its adverse impact on America’s economic and foreign policies today. Did World War II really end the Great Depression—or did President Franklin Roosevelt’s poor judgment and confused management leave Congress with a devastating fiscal mess after the final bomb was dropped? In this provocative new book, historians Burton W. Folsom, Jr., and Anita Folsom make a compelling case that FDR’s presidency led to evasive and self-serving wartime policies. At a time when most Americans held isolationist sentiments—a backlash against the stunning carnage of World War I—Roosevelt secretly favored an aggressive interventionist foreign policy. Yet, throughout the 1930s, he spent lavishly on his disastrous New Deal programs and slashed defense spending, leaving America vastly unprepared for Japan’s attack on Pearl Harbor and the challenge of fighting World War II. History books tell us the wartime economy was a boon, thanks to massive government spending. But the skyrocketing national debt, food rations, nonexistent luxuries, crippling taxes, labor strikes, and dangerous work of the time tell a different story—one that is hardly the stuff of recovery. Instead, the war ushered in a new era of imperialism for the executive branch. Roosevelt seized private property, conducted illegal wiretaps, tried to silence domestic opposition, and interned 110,000 Japanese Americans. He set a dangerous precedent for entangling alliances in foreign affairs, including his remarkable courtship of Russian dictator Joseph Stalin, while millions of Americans showed the courage, perseverance, and fortitude to make the weapons and fight the war. Was Roosevelt a great wartime leader, as historians almost unanimously assert? The Folsoms offer a thought-provoking revision of his controversial legacy. FDR Goes to War will make America take a second look at one of its most complicated presidents.

War and Liberty
War and Liberty

Author: Geoffrey R. Stone

Publisher: W. W. Norton & Company

Published: 2007

Total Pages: 256

ISBN-13: 9780393330045

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Award-winning author Stone has created an in-depth examination of how constitutional rights have fared under the current president, and reveals how the government has suppressed civil liberties in times of war throughout American history.