Habeas Corpus in Wartime: From the Tower of London to Guantanamo Bay

ISBN : 9780190090265

Amanda L. Tyler
466 ページ
156 x 234 mm

Habeas Corpus in Wartime unearths and presents a comprehensive account of the legal and political history of habeas corpus in wartime in the Anglo-American legal tradition. The book begins by tracing the origins of the habeas privilege in English law, giving special attention to the English Habeas Corpus Act of 1679, which limited the scope of executive detention and used the machinery of the English courts to enforce its terms. It also explores the circumstances that led Parliament to invent the concept of suspension as a tool for setting aside the protections of the Habeas Corpus Act in wartime. Turning to the United States, the book highlights how the English suspension framework greatly influenced the development of early American habeas law before and after the American Revolution and during the Founding period, when the United States Constitution enshrined a habeas privilege in its Suspension Clause. The book then chronicles the story of the habeas privilege and suspension over the course of American history, giving special attention to the Civil War period. The final chapters explore how the challenges posed by modern warfare during the twentieth and twenty-first centuries have placed great strain on the previously well-settled understanding of the role of the habeas privilege and suspension in American constitutional law, particularly during World War II when the United States government detained tens of thousands of Japanese American citizens and later during the War on Terror. Throughout, the book draws upon a wealth of original and heretofore untapped historical resources to shed light on the purpose and role of the Suspension Clause in the United States Constitution, revealing all along that many of the questions that arise today regarding the scope of executive power to arrest and detain in wartime are not new ones.




Part I: Origins: The Privilege of the Writ of Habeas Corpus and Suspension in English Law

Chapter 1: The Making of the Privilege

Chapter 2: Suspension: Legislating an Emergency Power

Chapter 3: Rebellion and Treason

Part II: Incorporating the Privilege and Suspension into American Law

Chapter 4: Forging a New Allegiance

Chapter 5: Enshrining a Constitutional Privilege

Chapter 6: The Suspension Clause in the Early Republic

Part III: Suspension

Chapter 7: Civil War and the Great Suspender

Chapter 8: Liberty in the Shadow Constitution: Suspension and the Confederacy

Chapter 9: Reconstructing the Union and Suspending in the Name of Civil Rights

Part IV: The Forgotten Suspension Clause

Chapter 10: World War II: Suspension and Martial Law in Hawaii and Mass Detention of Japanese Americans on the Mainland

Chapter 11: Habeas Corpus Today: Confronting the Age of Terrorism





Amanda L. Tyler is a Professor of Law at the University of California, Berkeley School of Law, where she teaches and writes about the federal courts, the Supreme Court, constitutional law, legal history, and civil procedure. Professor Tyler's scholarship has been published in leading law journals, including the Harvard Law Review, the Yale Law Journal, and the Stanford Law Review. She also serves as a co-editor of Hart and Wechsler's The Federal Courts and the Federal System. Professor Tyler is a graduate of Stanford University and Harvard Law School. Following law school, she served as law clerk to the Honorable Guido Calabresi at the United States Court of Appeals for the Second Circuit and the Honorable Ruth Bader Ginsburg at the Supreme Court of the United States. She has run eight Boston marathons.