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: 27.13 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 ...

Terrorism The Laws Of War And The Constitution

Author: Peter Berkowitz
Publisher: Hoover Press
ISBN: 0817946233
Size: 22.96 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
Size: 77.63 MB
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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 ...

America Alone

Author: Stefan Halper
Publisher: Cambridge University Press
ISBN: 9780521674607
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In his 1998 book All the Laws but One: Civil Liberties in Wartime, Chief Justice
William H. Rehnquist notes, “Without question, the government's authority to
engage in conduct that infringes civil liberty is greatest in the time of declared war
.”1 Rehnquist added, “It is neither desirable nor is it re- motely likely that civil
liberty will occupy as favored a position in wartime as it does in peacetime.”2
There is no gainsaying these succinct formulations. They lay the basis for the
somber changes ...

Law In Times Of Crisis

Author: Oren Gross
Publisher: Cambridge University Press
ISBN: 1139457756
Size: 23.47 MB
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guardians of rights and liberties once the crisis is over, may suggest a more
meaningful judicial review in the context of ex post ratification. In a similar vein,
Chief Justice Rehnquist writes that If, in fact, courts are more prone to uphold
wartime claims of civil liberties after the war is over, may it not actually be
desirable to avoid decision on such claims during the war?...While the body of
case law might benefit from such abstention, those who are actually deprived of
their civil liberties ...

War Time

Author: Mary L. Dudziak
Publisher: Oxford University Press
ISBN: 0199913471
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See, e.g., William Rehnquist, All the Laws But One: Civil Liberties in Wartime (
New York: Knopf, 1998), 218–25; Geoffrey R. Stone, Perilous Times: Free
Speech in Wartime from the Sedition Act of 1798 to the War on Terrorism (New
York: Norton, 2004), 12–13, 527–30, 535–55. The phrase Inter arma silent leges,
originally Silent enim leges inter arma, is attributed to Cicero. See Fred R.
Shapiro, ed., The Yale Book of Quotations (New Haven, CT: Yale University
Press, 2006), 156.

The Revolutionary Constitution

Author: David J. Bodenhamer
Publisher: Oxford University Press
ISBN: 019991303X
Size: 36.77 MB
Format: PDF
View: 188
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The history of military tribunals is the subject of Louis Fisher, Military Tribunals
and Presidential Power: American Revolution to the War on Terrorism (Lawrence
: University Press of Kansas, 2005); Fisher also has a good treatment of the Nazi
saboteurs in Nazi Saboteurs on Trial: A Military Tribunal and American Law (
Lawrence: University Press of Kansas, 2005). A work by Chief Justice William H.
Rehnquist, All the Laws but One: Civil Liberties in Wartime (New York: Knopf,
1998), ...