Article the Forgotten Core Meaning of the Suspension Clause
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The Great Writ: Article I Habeas Corpus
The Great Writ Article I, Section 9, Clause 2: Habeas Corpus RECOMMENDED GRADE/ABILITY LEVEL: 11th-12th Grade RECOMMENDED LESSON LENGTH: One 50 minute class period ESSENTIAL QUESTION: When does a negative right become a right and, in the case of Habeas Corpus, to whom and in what cases does this right extend? OVERVIEW: In addition to the rights protected by the Bill of Rights, there are also a great deal of rights inherent to the Constitution itself, including the right to Habeas Corpus relief, created via a negative right. In this lesson, students will explore the history and purpose of the Habeas Corpus clause in the Constitution. In consideration of past and present caselaw concerning the application of Habeas Corpus (emphasizing issues of national security and separation of powers), students are tasked with the job of considering the question: When is a writ a right? To whom and in what cases can it extend? MATERIALS: 1. Article: You Should Have the Body: 5. Document: United States Circuit Court of Understanding Habeas Corpus by James Appeals, Second Circuit Decision: Bradley v. Landman (Appendix A) Watkins (Appendix D) [Middle challenge text] 2. Worksheet: 5 Ws of the Writ of Habeas 6. Document: Ex. Parte Merryman (Appendix Corpus (Appendix B) E) [Challenge text] 3. Prezi: The Great Writ: Habeas Corpus Prezi 7. Article: Constitution Check: Is the (found at: http://prezi.com/atlq7huw-adq/? president’s power to detain terrorism utm_campaign=share&utm_medium=copy) suspects about to lapse? by Lyle Denniston (Appendix F) 4. Document: Supreme Court Decision of 8. Protocol: Decoding a Court Opinion Boumediene v. -
1 a Lincolnshire Boyhood 2 Cambridge
Notes 1 A LINCOLNSHIRE BOYHOOD 1. J. 0. Hoge, ed., 'Emily Tennyson's Narrative for her Sons', Texas Studies in Literature and Language XIV (1972), 96. 2. H. D. Rawnsley, Memories of the Tennysons (1900), p. 225. 3. See C. Tennyson and C. Ricks, 'Tennyson's "Mablethorpe"', Tennyson Research Bulletin II, iii (1974), 121-3 [hereafter TRB]. 4. A. Pollard, 'Three Horace Translations by Tennyson', TRB IV, i (1982), 16. 5. H. D. Paden, Tennyson in Egypt (1942), p. 103. 6. C. Tennyson and C. Ricks, 'Tennyson's "Mablethorpe"', p. 121. 7. This painting is still at Farringford. I am grateful to Dr Christopher Brown, Chief Curator of the National Gallery, for the attribution. 8. A. G. Weld, Glimpses of Tennyson (1903), p. 12. 9. J. Kolb, ed., The Letters of A. H. Hallam (1981), p. 457. 10. R. B. Martin, Tennyson: The Unquiet Heart (1980), p. 48. 11. E. A. Knies, ed., Tennyson at Aldworth: The Diary off. H. Mangles, (1984), p. 122. 2 CAMBRIDGE 1. C. Tennyson, Alfred Tennyson (1949), p. 55. 2. E. A. Knies, ed., Tennyson at Aldworth: The Diary of f. H. Mangles, p. 97. 3. S. T. Coleridge, Aids to Reflection, ed. D. Coleridge (7th edn, London, 1854), p. 155. 4. Arthur Hallam visited Coleridge at Highgate, but Tennyson, although invited, never went. Coleridge's rude remarks on Tennyson's han dling of metre would not have encouraged him. 5. Shelley's Adonais: A Critical Edition, ed. A. D. Knerr (New York, 1984), pp. 445-6. 6. H. B. Bryant, 'The African Genesis of Tennyson's "Timbuctoo"', TRB, III v (1981), 200. -
Volume II: Rights and Liberties Howard Gillman, Mark A. Graber
AMERICAN CONSTITUTIONALISM Volume II: Rights and Liberties Howard Gillman, Mark A. Graber, and Keith E. Whittington INDEX OF MATERIALS ARCHIVE 1. Introduction 2. The Colonial Era: Before 1776 I. Introduction II. Foundations A. Sources i. The Massachusetts Body of Liberties B. Principles i. Winthrop, “Little Speech on Liberty” ii. Locke, “The Second Treatise of Civil Government” iii. The Putney Debates iv. Blackstone, “Commentaries on the Laws of England” v. Judicial Review 1. Bonham’s Case 2. Blackstone, “Commentaries on the Laws of England” C. Scope i. Introduction III. Individual Rights A. Property B. Religion i. Establishment 1. John Witherspoon, The Dominion of Providence over the Passions of Man ii. Free Exercise 1. Ward, The Simple Cobler of Aggawam in America 2. Penn, “The Great Case of Liberty of Conscience” C. Guns i. Guns Introduction D. Personal Freedom and Public Morality i. Personal Freedom and Public Morality Introduction ii. Blackstone, “Commentaries on the Laws of England” IV. Democratic Rights A. Free Speech B. Voting i. Voting Introduction C. Citizenship i. Calvin’s Case V. Equality A. Equality under Law i. Equality under Law Introduction B. Race C. Gender GGW 9/5/2019 D. Native Americans VI. Criminal Justice A. Due Process and Habeas Corpus i. Due Process Introduction B. Search and Seizure i. Wilkes v. Wood ii. Otis, “Against ‘Writs of Assistance’” C. Interrogations i. Interrogations Introduction D. Juries and Lawyers E. Punishments i. Punishments Introduction 3. The Founding Era: 1776–1791 I. Introduction II. Foundations A. Sources i. Constitutions and Amendments 1. The Ratification Debates over the National Bill of Rights a. -
Executive Detention
NYSBA REPORT ON EXECUTIVE DETENTION, HABEAS CORPUS AND THE MILITARY COMMISSIONS ACT OF 2006 NEW YORK STATE BAR ASSOCIATION’S COMMITTEE ON CIVIL RIGHTS MAY 2008 TABLE OF CONTENTS Page INTRODUCTION AND SUMMARY.............................................................................. 1 A. The Guantanamo Detainees....................................................................... 2 B. Report Summary ........................................................................................ 7 I. HISTORY OF HABEAS CORPUS..................................................................... 12 A. The Origins of Habeas Corpus: England ................................................. 12 B. Extra-Territorial Application of Habeas Corpus at Common Law.......... 15 C. Early American Habeas Law ................................................................... 17 D. Early American Extension of Habeas Corpus to Aliens and Alien Enemy Combatants .................................................................................. 20 E. American Suspension of Habeas Corpus................................................. 23 F. World War II and the Extension of Habeas Corpus to Enemy Aliens ....................................................................................................... 28 G. Relevant Post-World War II Habeas Developments ............................... 33 H. Adequate and Effective Habeas Substitute.............................................. 37 II. LAWS OF WAR REGARDING ENEMY COMBATANTS PRE- SEPTEMBER 11TH ........................................................................................... -
PUBLIC RECORDS ACT 1958 (C
PUBLIC RECORDS ACT 1958 (c. 51)i, ii An Act to make new provision with respect to public records and the Public Record Office, and for connected purposes. [23rd July 1958] General responsibility of the Lord Chancellor for public records. 1. - (1) The direction of the Public Record Office shall be transferred from the Master of the Rolls to the Lord Chancellor, and the Lord Chancellor shall be generally responsible for the execution of this Act and shall supervise the care and preservation of public records. (2) There shall be an Advisory Council on Public Records to advise the Lord Chancellor on matters concerning public records in general and, in particular, on those aspects of the work of the Public Record Office which affect members of the public who make use of the facilities provided by the Public Record Office. The Master of the Rolls shall be chairman of the said Council and the remaining members of the Council shall be appointed by the Lord Chancellor on such terms as he may specify. [(2A) The matters on which the Advisory Council on Public Records may advise the Lord Chancellor include matters relating to the application of the Freedom of Information Act 2000 to information contained in public records which are historical records within the meaning of Part VI of that Act.iii] (3) The Lord Chancellor shall in every year lay before both Houses of Parliament a report on the work of the Public Record Office, which shall include any report made to him by the Advisory Council on Public Records. -
Part I Background and Summary
PART I BACKGROUND AND SUMMARY Chapter 1 BRITISH STATUTES IN IDSTORICAL PERSPECTIVE The North American plantations were not the earliest over seas possessions of the English Crown; neither were they the first to be treated as separate political entities, distinct from the realm of England. From the time of the Conquest onward, the King of England held -- though not necessarily simultaneously or continuously - a variety of non-English possessions includ ing Normandy, Anjou, the Channel Islands, Wales, Jamaica, Scotland, the Carolinas, New-York, the Barbadoes. These hold ings were not a part of the Kingdom of England but were govern ed by the King of England. During the early medieval period the King would issue such orders for each part of his realm as he saw fit. Even as he tended to confer more and more with the officers of the royal household and with the great lords of England - the group which eventually evolved into the Council out of which came Parliament - with reference to matters re lating to England, he did likewise with matters relating to his non-English possessions.1 Each part of the King's realm had its own peculiar laws and customs, as did the several counties of England. The middle ages thrived on diversity and while the King's writ was acknowledged eventually to run throughout England, there was little effort to eliminate such local practices as did not impinge upon the power of the Crown. The same was true for the non-Eng lish lands. An order for one jurisdictional entity typically was limited to that entity alone; uniformity among the several parts of the King's realm was not considered sufficiently important to overturn existing laws and customs. -
Cruel State Punishments
NORTH CAROLINA LAW REVIEW Volume 98 Number 6 Article 2 9-1-2020 Cruel State Punishments William W. Berry III Follow this and additional works at: https://scholarship.law.unc.edu/nclr Part of the Law Commons Recommended Citation William W. Berry III, Cruel State Punishments, 98 N.C. L. REV. 1201 (2019). Available at: https://scholarship.law.unc.edu/nclr/vol98/iss6/2 This Article is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Law Review by an authorized editor of Carolina Law Scholarship Repository. For more information, please contact [email protected]. 98 N.C. L. REV. 1201 (2020) CRUEL STATE PUNISHMENTS* WILLIAM W. BERRY III** The Supreme Court has almost systematically expanded Eighth Amendment protections over the past decade and a half, adopting categorical limitations to the death penalty and juvenile life without parole. With Justice Kennedy’s recent retirement, this expansion seems like it might be ending. As this door is closing, however, another door may be opening for restricting excessive punishments—state constitutional analogues to the Eighth Amendment. A close examination of such provisions reveals that some of the provisions use “or” instead of “and,” a linguistic difference that suggests many state constitutions might be broader than the Eighth Amendment. This Article explores the consequences of linguistic differences between the Eighth Amendment and its state constitutional analogues, focusing in particular on the effect of disjunctive state constitutional provisions. Specifically, the Article argues that these linguistic differences open the door to broader application of state Eighth Amendment analogues to rein in excessive punishment practices of state governments. -
Annual Meeting in Tulsa (Hosted by Elmus Beale) on June 11-15, 2019, We Were All Energized
37th ANNUAL Virtual Meeting 2020 June 15-19 President’s Report June 15-19, 2020 Virtual Meeting #AACA Strong Due to the unprecedented COVID-19 pandemic, our 2020 annual AACA meeting in June 15-19 at Weill Cornell in New York City has been canceled. While this is disappointing on many levels, it was an obvious decision (a no brainer for this neurosurgeon) given the current situation and the need to be safe. These past few weeks have been stressful and uncertain for our society, but for all of us personally, professionally and collectively. Through adversity comes opportunity: how we choose to react to this challenge will determine our future. Coming away from the 36th Annual meeting in Tulsa (hosted by Elmus Beale) on June 11-15, 2019, we were all energized. An informative inaugural newsletter edited by Mohammed Khalil was launched in the summer. In the fall, Christina Lewis hosted a successful regional meeting (Augmented Approaches for Incorporating Clinical Anatomy into Education, Research, and Informed Therapeutic Management) with an excellent faculty and nearly 50 attendees at Samuel Merritt University in Oakland, CA. The midyear council meeting was coordinated to overlap with that regional meeting to show solidarity. During the following months, plans for the 2020 New York meeting were well in motion. COVID-19 then surfaced: first with its ripple effect and then its storm. Other societies’ meetings - including AAA and EB – were canceled and outreach to them was extended for them to attend our meeting later in the year. Unfortunately, we subsequently had to cancel the plans for NY. -
Biodefense and Constitutional Constraints
Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2011 Biodefense and Constitutional Constraints Laura K. Donohue Georgetown University Law Center, [email protected] Georgetown Public Law and Legal Theory Research Paper No. 11-96 This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/677 http://ssrn.com/abstract=1882506 4 Nat'l Security & Armed Conflict L. Rev. 82-206 (2014) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Constitutional Law Commons, and the Military, War, and Peace Commons BIODEFENSE AND CONSTITUTIONAL CONSTRAINTS Laura K. Donohue* I. INTRODUCTION"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" & II. STATE POLICE POWERS AND THE FEDERALIZATION OF U.S. QUARANTINE LAW """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" 2 A. Early Colonial Quarantine Provisions""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" 3 """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" 4 """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""&) -
Lincoln and Habeas: of Merryman and Milligan and Mccardle
Lincoln and Habeas: Of Merryman and Milligan and McCardle John Yoo* Three cases define the Supreme Court's encounter with the Civil War: Ex parte Merryman,' Ex parte Milligan,2 and Ex parte McCardle.3 All three case names bear the styling "ex parte" because all three were brought on behalf of citizens detained by the armed forces of the Union. All three detainees sought release under the ancient writ of habeas corpus, which requires the government to demonstrate to a federal judge the factual and legal grounds for detention.4 I will explain why the cases of the Civil War did not assume the landmark importance, despite their circumstances and language, as a Marbury v. Madison, McCullough v. Maryland, or Brown v. Board of Education, but instead showed the deferential attitude of the Supreme Court to the other branches of the government during wartime. Merryman was a Maryland militia officer who had blown up railroad bridges between Washington, D.C. and the North, and was training secessionist troops in the earliest days of the Civil War.5 Milligan was an alleged member of an insurgent force in Indiana that was sympathetic to the Confederacy.6 He was tried and sentenced by a military commission-an old form of ad hoc military court established by commanders for the trial of violations of the laws of war and the administration of justice in occupied territory.7 * Distinguished Visiting Professor of Law, Chapman Law School (2008-09); Professor of Law, University of California at Berkeley; Visiting Scholar, American Enterprise Institute. The author thanks Ben Petersen and Janet Galeria for outstanding research assistance. -
THE LEGACY of the MAGNA CARTA MAGNA CARTA 1215 the Magna Carta Controlled the Power Government Ruled with the Consent of Eventually Spreading Around the Globe
THE LEGACY OF THE MAGNA CARTA MAGNA CARTA 1215 The Magna Carta controlled the power government ruled with the consent of eventually spreading around the globe. of the King for the first time in English the people. The Magna Carta was only Reissues of the Magna Carta reminded history. It began the tradition of respect valid for three months before it was people of the rights and freedoms it gave for the law, limits on government annulled, but the tradition it began them. Its inclusion in the statute books power, and a social contract where the has lived on in English law and society, meant every British lawyer studied it. PETITION OF RIGHT 1628 Sir Edward Coke drafted a document King Charles I was not persuaded by By creating the Petition of Right which harked back to the Magna Carta the Petition and continued to abuse Parliament worked together to and aimed to prevent royal interference his power. This led to a civil war, and challenge the King. The English Bill with individual rights and freedoms. the King ultimately lost power, and his of Rights and the Constitution of the Though passed by the Parliament, head! United States were influenced by it. HABEAS CORPUS ACT 1679 The writ of Habeas Corpus gives imprisonment. In 1697 the House of Habeas Corpus is a writ that exists in a person who is imprisoned the Lords passed the Habeas Corpus Act. It many countries with common law opportunity to go before a court now applies to everyone everywhere in legal systems. and challenge the lawfulness of their the United Kingdom. -
Court Reform in England
Comments COURT REFORM IN ENGLAND A reading of the Beeching report' suggests that the English court reform which entered into force on 1 January 1972 was the result of purely domestic considerations. The members of the Commission make no reference to the civil law countries which Great Britain will join in an important economic and political regional arrangement. Yet even a cursory examination of the effects of the reform on the administration of justice in England and Wales suggests that English courts now resemble more closely their counterparts in Western Eu- rope. It should be stated at the outset that the new organization of Eng- lish courts is by no means the result of the 1971 Act alone. The Act crowned the work of various legislative measures which have brought gradual change for a period of well over a century, including the Judicature Acts 1873-75, the Interpretation Act 1889, the Supreme Court of Judicature (Consolidation) Act 1925, the Administration of Justice Act 1933, the County Courts Act 1934, the Criminal Appeal Act 1966 and the Criminal Law Act 1967. The reform culminates a prolonged process of response to social change affecting the legal structure in England. Its effect was to divorce the organization of the courts from tradition and history in order to achieve efficiency and to adapt the courts to new tasks and duties which they must meet in new social and economic conditions. While the earlier acts, including the 1966 Criminal Appeal Act, modernized the structure of the Supreme Court of Judicature, the 1971 Act extended modern court structure to the intermediate level, creating the new Crown Court, and provided for the regular admin- istration of justice in civil matters by the High Court in England and Wales, outside the Royal Courts in London.