The Supreme Court and the Commander in ChiefA 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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Page ix
... Writ of Habeas Corpus ? Ex parte Merryman The Great Exception : Ex parte Milligan CLINTON ROSSITER 11 14 18 26 40 54 Martial Rule in World War II : The Case of the Japanese- Americans Martial Law in Honolulu and Military Seizure in ...
... Writ of Habeas Corpus ? Ex parte Merryman The Great Exception : Ex parte Milligan CLINTON ROSSITER 11 14 18 26 40 54 Martial Rule in World War II : The Case of the Japanese- Americans Martial Law in Honolulu and Military Seizure in ...
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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 |
227 | |
Judicial Review of the War Powers of Congress | 89 |
The Presidents Authority over CourtsMartial and Mili | 102 |
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Common terms and phrases
action administration American argument armed forces Army Article asserted Attorney branches Chief Justice civil courts civilians commander in chief Congressional Quarterly constitutionality court-martial decided decision declaration defense dent dential discretion District Court doctrine domestic electronic surveillance emergency enforce evacuation Ex parte Milligan executive agreements executive privilege exercise fact federal courts gress habeas corpus Harvard Law Review hostilities Howard impounding inherent powers interpretation issue Judge judicial review judiciary jurisdiction Korematsu legislative Lincoln majority martial law martial rule ment military commission military government national security Nixon opinion peace Pentagon Papers political power as commander power of martial prerogative presidential authority presidential power prior restraint question resolution responsibility Rossiter Schlesinger Senate sentence separation of powers Stat statutes Steel Seizure Supp Supreme Court Swaim Taney theory tion tional tive treaty troops United States Code Vietnam Vietnam war Wallace War Powers Resolution writ of habeas York