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At the very end of the Civil War, a military court convicted Lambdin P. Milligan and his coconspirators in Indiana of fomenting a general insurrection and sentenced them to hang. On appeal, in Ex parte Milligan the US Supreme Court sided with the conspirators, ruling that it was unconstitutional to try American citizens in military tribunals when civilian courts were open and functioning—as they were in Indiana. Far from being a relic of the Civil War, the landmark 1866 decision has surprising relevance in our day, as this volume makes clear. Cited in four Supreme Court decisions arising from the wars in Afghanistan and Iraq, Ex parte Milligan speaks to constitutional questions raised by the war on terror; but more than that, the authors of Ex parte Milligan Reconsidered contend, the case affords an opportunity to reevaluate the history of wartime civil liberties from the Civil War era to our own. After the Civil War, critics of Reconstruction pointed to Milligan as an example of the Republican Party’s abuse of federal power; even historians sympathetic to Lincoln have found it necessary to apologize for his administration’s record on civil liberties during the Civil War. However, the authors of this volume argue that this distorts the nineteenth-century understanding of the Bill of Rights, neglects international law entirely, and, equally striking, ignores the experience of African Americans. In reviving Milligan, the Supreme Court has implicitly cast Reconstruction as a “war on terror” in which terrorist insurgencies threatened and eventually halted the assertion of black freedom by the Republican Party, the Union Army, and African Americans themselves. Returning African Americans to the center of the story, and recognizing that Lincoln and Republicans were often forced to restrict white civil liberties in order to establish black civil rights and liberties, Ex parte Milligan Reconsidered suggests an entirely different account of wartime civil liberties, one with profound implications for US racial history and constitutional law in today’s war on terror.
Federal habeas corpus is a procedure under which a federal court may review the legality of an individual's incarceration. It is most often the stage of the criminal appellate process that follows direct appeal and any available state collateral review. The law in the area is an intricate weave of statute and case law. Current federal law operates under the premise that with rare exceptions prisoners challenging the legality of the procedures by which they were tried or sentenced get "one bite of the apple." Relief for state prisoners is only available if the state courts have ignored or rejected their valid claims, and there are strict time limits within which they may petition the federal courts for relief. Moreover, a prisoner relying upon a novel interpretation of law must succeed on direct appeal; federal habeas review may not be used to establish or claim the benefits of a "new rule." Expedited federal habeas procedures are available in the case of state death row inmates if the state has provided an approved level of appointed counsel. The Supreme Court has held that Congress enjoys considerable authority to limit, but not to extinguish, access to the writ. This report is available in an abridged version as CRS Report RS22432, "Federal Habeas Corpus: An Abridged Sketch," by Charles Doyle.
As the news shows us every day, contemporary American culture and politics are rife with people who demonize their enemies by projecting their own failings and flaws onto them. But this is no recent development. Rather, as John Corrigan argues here, it’s an expression of a trauma endemic to America’s history, particularly involving our long domestic record of religious conflict and violence. Religious Intolerance, America, and the World spans from Christian colonists’ intolerance of Native Americans and the role of religion in the new republic’s foreign-policy crises to Cold War witch hunts and the persecution complexes that entangle Christians and Muslims today. Corrigan reveals how US churches and institutions have continuously campaigned against intolerance overseas even as they’ve abetted or performed it at home. This selective condemnation of intolerance, he shows, created a legacy of foreign policy interventions promoting religious freedom and human rights that was not reflected within America’s own borders. This timely, captivating book forces America to confront its claims of exceptionalism based on religious liberty—and perhaps begin to break the grotesque cycle of projection and oppression.
When we think about history, we often think about people, events, ideas, and revolutions, but what about the numbers? What do the data tell us about what was, what is, and how things changed over time? Economist Robert E. Gallman (1926–98) gathered extensive data on US capital stock and created a legacy that has, until now, been difficult for researchers to access and appraise in its entirety. Gallman measured American capital stock from a range of perspectives, viewing it as the accumulation of income saved and invested, and as an input into the production process. He used the level and change in the capital stock as proxy measures for long-run economic performance. Analyzing data in this way from the end of the US colonial period to the turn of the twentieth century, Gallman placed our knowledge of the long nineteenth century—the period during which the United States began to experience per capita income growth and became a global economic leader—on a strong empirical foundation. Gallman’s research was painstaking and his analysis meticulous, but he did not publish the material backing to his findings in his lifetime. Here Paul W. Rhode completes this project, giving permanence to a great economist’s insights and craftsmanship. Gallman’s data speak to the role of capital in the economy, which lies at the heart of many of the most pressing issues today.
In recent years, Civil War veterans have emerged from historical obscurity. Inspired by recent interest in memory studies and energized by the ongoing neorevisionist turn, a vibrant new literature has given the lie to the once-obligatory lament that the postbellum lives of Civil War soldiers were irretrievable. Despite this flood of historical scholarship, fundamental questions about the essential character of Civil War veteranhood remain unanswered. Moreover, because work on veterans has often proceeded from a preoccupation with cultural memory, the Civil War’s ex-soldiers have typically been analyzed as either symbols or producers of texts. In The War Went On: Reconsidering the Lives of Civil War Veterans, fifteen of the field’s top scholars provide a more nuanced and intimate look at the lives and experiences of these former soldiers. Essays in this collection approach Civil War veterans from oblique angles, including theater, political, and disability history, as well as borderlands and memory studies. Contributors examine the lives of Union and Confederate veterans, African American veterans, former prisoners of war, amputees, and ex-guerrilla fighters. They also consider postwar political elections, veterans’ business dealings, and even literary contests between onetime enemies and among former comrades.
Appendixes provide additional information on the Court such as the Judiciary Acts of 1789 and 1925 and a list of Acts of Congress found by the Court to be unconstitutional. New cases include: McConnell v. Federal Election Commission (2003), Grutter v. Bollinger (2003), Lawrence v. Texas (2003), United States v. American Library Association Inc. (2003), Bush v. Gore (2000), Boy Scouts of America v. Dale (2000), Clinton v. City of New York (1998), Clinton v. Jones (1997), City of Boerne V. Flores (1997). The Guide also covers changes in Supreme Court's approach to religious freedom, the Rehnquist Court's legacy and the rejuvenation of federalism and state sovereignty. The power to investigate -- The power over internal affairs -- 5. The Court and the powers of the president : Article II -- The Commander in Chief -- The architect of foreign policy -- The president as executive -- The power to veto and to pardon -- Privilege and immunity -- The president versus the Court --
"I am immensely impressed . . . this particular Brigade needed a book of its own and now it has one which is definitely first-rate. . . . A fine book." —Bruce Catton "One of the '100 best books ever written on the Civil War.'" —Civil War Times Illustrated " . . . remains one of the best unit histories of the Union Army during the Civil War." —Southern Historian ". . . The Iron Brigade is the title for anyone desiring complete information on this military unit . . ." —Spring Creek Packet, Chuck Hamsa This is the story of the most famous unit in the Union Army, the only all-Western brigade in the Eastern armies of the Union—made up of troops from Indiana, Wisconsin, and Michigan.