The Supreme Court and the Commander in Chief

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Cornell University Press, 1976 - Law - 231 pages
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A concise treatment of presidential power by a brilliant writer is once again made available with the reissue of this book, first published in 1951. The book is brought superbly up to date by one of Rossiter's former students, Richard P. Longaker. New material covers vital events of the past twenty-five years, including the steel seizure and the dispatch of troops to Korea under Truman, civil disturbances and the Gulf of Tonkin episode under Johnson, the Pentagon Papers case, and the confrontation between Nixon and the Supreme Court.

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Contents

Introduction CLINTON ROSSITER
1
The Supreme Court and the Presidents Power
11
Who Can Suspend the Writ of Habeas Corpus?
18
Ex parte Milligan
26
The Case of the Japanese
40
Martial Law in Honolulu and Military Seizure in Chicago
54
The Supreme Court and Other Aspects of
65
The Supreme Courts Lack of Power to Declare Peace
77
The Presidents Authority over Conquered Territory
120
Conclusion
126
The Constitution and the Commander in Chief
133
Presidential Power and the Domestication of National
159
The Use of Troops during Domestic Disturbances
196
Conclusion
208
Table of Cases
220
Index
227

Judicial Review of the War Powers of Congress
89
The Presidents Authority over CourtsMartial and Mili
102

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About the author (1976)

Clinton Rossiter is John L. Senior Professor of American Institutions, Cornell University.

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