The Supreme Court and the Commander in ChiefA concise treatment of presidential power by a brilliant writer is once again made available with the reissue of this book, first published in 1951. The book is brought superbly up to date by one of Rossiter's former students, Richard P. Longaker. New material covers vital events of the past twenty-five years, including the steel seizure and the dispatch of troops to Korea under Truman, civil disturbances and the Gulf of Tonkin episode under Johnson, the Pentagon Papers case, and the confrontation between Nixon and the Supreme Court. |
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Contents
Introduction CLINTON ROSSITER | 1 |
The Supreme Court and the Presidents Power | 11 |
Who Can Suspend the Writ of Habeas Corpus? | 18 |
Ex parte Milligan | 26 |
The Case of the Japanese | 40 |
Martial Law in Honolulu and Military Seizure in Chicago | 54 |
The Supreme Court and Other Aspects of | 65 |
The Supreme Courts Lack of Power to Declare Peace | 77 |
The Presidents Authority over Conquered Territory | 120 |
Conclusion | 126 |
The Constitution and the Commander in Chief | 133 |
Presidential Power and the Domestication of National | 159 |
The Use of Troops during Domestic Disturbances | 196 |
Conclusion | 208 |
Table of Cases | 220 |
227 | |
Judicial Review of the War Powers of Congress | 89 |
The Presidents Authority over CourtsMartial and Mili | 102 |
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Common terms and phrases
accepted action activities administration agreements Amendment American appeal approval argument armed Army asserted authority civil commander in chief Congress congressional Congressional Quarterly constitutional continued course decided decision defense determine direct discretion District Court doctrine domestic effect emergency enforce especially executive exercise fact federal final force foreign habeas corpus hand Harvard Law Review held important impounding independent inherent interests interpretation issue Judge judicial judiciary Justice Law Review legislative limitations Lincoln majority martial matters means ment military military commission national security necessary Nixon officers opinion peace persons political position practice President presidential power privilege problem protect question reasonable refused relations resolution responsibility rule seemed Seizure separation specific Stat statutes Supreme Court surveillance theory tion treaty trial troops United Wallace war powers World writ of habeas York