Aba Journal

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BOOKS ALL THE LAWS BUT ONE: CIVIL LIBERTIES IN WARTIME By William H.
Rehnquist Alfred A. Knopf 256 pages, $26 Reviewed by Thomas E. Baker
William H. Rehnquist invokes the Roman legal maxim "Inter arma silent leges" or
"In time of war the laws are silent" in this book about how war powers have
trumped individual civil liberties. The chief justice of the United States affirms this
judgment of history with a judicious qualification: "There is no reason to think that
future ...

Encyclopedia Of American Civil Liberties

Author: Paul Finkelman
Publisher: Routledge
ISBN: 1135947058
Size: 63.77 MB
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Chief Justice Rehnquist, in All the Laws but One: Civil Liberties in Wartime,
explained that it would not be reasonable to believe that future wartime
presidents would act differently than Presidents Lincoln, Wilson, or Roosevelt or
that future Supreme Court justices would decide cases any differently than past
justices had (Rehnquist, 224). In the post-9/11 era, national security concerns
and the War on Terror are used to justify infringement on civil liberties. Consider,
for example, the ...

Aba Journal

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BOOKS ALL THE LAWS BUT ONE: CIVIL LIBERTIES IN WARTIME By William H.
Rehnquist Alfred A. Knopf 256 pages, $26 Reviewed by Thomas E. Baker
William H. Rehnquist invokes the Roman legal maxim "Inter arma silent leges" or
"In time of war the laws are silent" in this book about how war powers have
trumped individual civil liberties. The chief justice of the United States affirms this
judgment of history with a judicious qualification: "There is no reason to think that
future ...

Equal Justice In The Balance

Author: Raneta Lawson Mack
Publisher: University of Michigan Press
ISBN: 9780472023752
Size: 77.51 MB
Format: PDF
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However, given the gravity of civil liberty abuse at stake, it is extremely likely that
several soon will. Consequently, it is important to gauge the tenor of the current
bench on such subjects. Since Chief Justice Rehnquist has given these issues
considerable thought, albeit in historical context, his are the most significant
writings to consider here. In 1998, Rehnquist published a book entitled All the
Laws but One, which discusses the place of civil liberties in wartime. He could not
have ...

Terrorism The Laws Of War And The Constitution

Author: Peter Berkowitz
Publisher: Hoover Press
ISBN: 0817946233
Size: 49.93 MB
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After each perceived security crisis ended, the United States has remorsefully
realized that the abrogation of civil liberties was unnecessary. But it has proven
unable to prevent itself from repeating the error when the next crisis came along?
Chief justice Rehnquist echoed the same theme in his intriguing book, All the
Laws but One: Civil Liberties in Wartime. When discussing the application of
Cicero's famous adage, inter arma silent leges, “during war law is silent," to the
American ...

The Constitution In Wartime

Author: Mark Tushnet
Publisher: Duke University Press
ISBN: 9780822334682
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In his book All the Laws But One: Civil Liberties in Wartime,TM Rehnquist
approves Lincoln's famous formulation: that if he had not suspended the writ of
habeas corpus during the Civil War, that would have meant allowing "all the laws,
but one, to go unexecuted, and the government itself to go to pieces, lest that one
be violated." More generally, Rehnquist practically embraces the idea — inter
arma silent leges — that during war the laws ( and the Constitution) are silent. In
an essay in ...

The Dynamic Constitution

Author: Richard H. Fallon, Jr
Publisher: Cambridge University Press
ISBN: 113961987X
Size: 21.15 MB
Format: PDF
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“[T]he lesson of history,” he argues, is not that governmental officials “habitually
exaggerate dangers to the nation's security” but “the opposite”: “It is because
officials have repeatedly and disastrously underestimated these dangers that our
history is as violent as it is,” including such events as the terrorist attacks of
September 11, 2001.28 Although there are plain mistakes that have become
obvious in hindsight, Posner appears to believe that America's wartime record
with civil liberties ...

Terrorism As A Challenger For National Ans International Law

Author: Christian Walter
Publisher: Springer Science & Business Media
ISBN: 9783540212256
Size: 80.81 MB
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Editorial, The War on Civil Liberties, N.Y. Times, Sept. 10, 2002, at http://www.
nytimes. com/A24. For a study of executive and judicial reactions in situations of
wartime emergency from the Civil War until and including World War II by the
Chief Justice of the US Supreme Court, see William H. Rehnquist, All the Laws
but One. Civil Liberties in Wartime (Vintage Books 2000) (1998), at 224-225 (
concluding that the question of what the courts should do in wartime "is largely
academic," and ...

The U S Supreme Court And The Domestic Force Of International Human Rights Law

Author: Stephen A. Simon
Publisher: Lexington Books
ISBN: 1498534716
Size: 49.18 MB
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NOTES 1. William H. Rehnquist, All the Laws But One: Civil Liberties in Wartime (
New York: First Vintage Books, 2000), 218–19. 2. 71 U.S. 2, 126 (1866). 3. See
e.g., Sarah H. Cleveland, “Hamdi Meets Youngstown: Justice Jackson's Wartime
Security Jurisprudence and the Detention of 'Enemy Combatants,'” Albany Law
Review 68 (2005): 1127 (emphasizing the importance of the judicial scrutiny of
presidential and congressional actions in times of crisis). 4. Melvin I. Urofsky and
Paul ...