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Bayonets In Paradise

Author: Harry N. Scheiber
Publisher:
ISBN: 9780824852887
Size: 10.78 MB
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This authoritative study recounts the extraordinary story of how the US army imposed rigid and absolute control on the total population of Hawaii during WWII. Based on archival sources, it places the long-neglected and largely unknown history of martial law in Hawai'i in the larger context of America's ongoing struggle between the defence of constitutional liberties and the exercise of emergency powers.

Habeas Corpus In Wartime

Author: Amanda L. Tyler
Publisher: Oxford University Press
ISBN: 0190855525
Size: 48.72 MB
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Habeas Corpus in Wartimeunearths 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.

Perilous Times

Author: Geoffrey R. Stone
Publisher: W. W. Norton & Company
ISBN: 9780393058802
Size: 31.24 MB
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An investigation into how free speech and other civil liberties have been compromised in America by war in six historical periods describes how presidents, Supreme Court justices, and resistors contributed to the administration of civil freedoms, in an account complemented by rare photographs, posters, and historical illustrations. 20,000 first printing.

How To Save A Constitutional Democracy

Author: Tom Ginsburg
Publisher:
ISBN: 022656438X
Size: 62.27 MB
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Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self rule. In the United States, the election of Donald Trump marked a decisive turning point for many. What kind of president calls the news media the "enemy of the American people," or sees a moral equivalence between violent neo-Nazi protesters in paramilitary formation and residents of a college town defending the racial and ethnic diversity of their homes? Yet, whatever our concerns about the current president, we can be assured that the Constitution offers safeguards to protect against lasting damage--or can we? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries' experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can either hinder or hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights--such as those enshrined in the First Amendment--do not necessarily succeed as bulwarks against democratic decline. Rather, Ginsburg and Huq contend, the sobering reality for the United States is that, to a much greater extent than is commonly realized, the Constitution's design makes democratic erosion more, not less, likely. Its structural rigidity has had the unforeseen consequence of empowering the Supreme Court to fill in some details--often with doctrines that ultimately facilitate rather than inhibit the infringement of rights. Even the bright spots in the Constitution--the First Amendment, for example--may have perverse consequences in the hands of a deft communicator, who can degrade the public sphere by wielding hateful language that would be banned in many other democracies. But we--and the rest of the world--can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.

The Cambridge History Of Law In America

Author: Michael Grossberg
Publisher: Cambridge University Press
ISBN: 0521803071
Size: 46.76 MB
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This volume covers the twentieth century after World War I and makes predictions for the twenty-first century.

Hawai I Chronicles Three

Author: Bob Dye
Publisher: University of Hawaii Press
ISBN: 9780824822897
Size: 77.54 MB
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Pearl Harbor. December 7, 1941--in the words of President Franklin Roosevelt, a date which will live in infamy. More than 350 Japanese bombers, fighters, and torpedo planes struck Hawai'i in two waves, sinking or disabling eighteen ships and destroying more than two hundred aircraft. Close to 2,500 American military and civilians died that morning, another 1,178 were wounded. The Hawaiian Islands had been pulled into the Pacific War and the lives of its citizens were irrevocably changed. Hawai'i Chronicles III: World War Two in Hawai'i looks at the human and social impact of the war on the people of Hawai'i from 1938, when speculation of a Pacific War first surfaced, to the era of postwar prosperity that followed. Editor Bob Dye has selected articles that originally appeared in the popular monthly magazine Paradise of the Pacific (now known as Honolulu magazine). An introduction describes the history of the magazine and the colorful characters who published and edited it. Dye then poses the question: How did Hawai'i's citizenry cope with the war? Blackouts, media censorship, gas and food rationing were imposed. Schools were commandeered, jobs were changed or modified to support the war effort (lei makers were set to making camouflage netting). And soldiers were everywhere: stringing barbed wire (along Waikiki Beach ), guarding public buildings and searching anyone who entered, worrying parents when they dated their daughters. Paradise of the Pacific provided its readers with an informative, perceptive, and often entertaining look at these and other everyday experiences of life in wartime Hawai'i.

Unbroken

Author: Laura Hillenbrand
Publisher: Random House Trade Paperbacks
ISBN: 0812974492
Size: 79.41 MB
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Relates the story of a U.S. airman who survived when his bomber crashed into the sea during World War II, spent forty-seven days adrift in the ocean before being rescued by the Japanese Navy, and was held as a prisoner until the end of the war.

Total War And The Law

Author: Daniel R. Ernst
Publisher: Praeger Publishers
ISBN: 9780275975982
Size: 17.31 MB
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At a time when nostalgia for "the Good War" prevails, this collection of essays on the rule of law and the constitution during the Second World War demonstrates how major war can imperil the notion that public officials are constrained by law.

Coral And Brass

Author: Holland M. Smith
Publisher: Lulu.com
ISBN: 138706861X
Size: 19.90 MB
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Coral and Brass is the biography of General Holland McTyeire "Howlin' Mad" Smith, known as the "father" of modern U.S. amphibious warfare. His book is a riveting first-hand account of key battles fought in the Pacific between the U.S. Army and Canadian troops against the Japanese, including assaults on the Gilbert Islands, the Marshall Islands, the island of Saipan, Tinian in the Marianas and Iwo Jimo.