The Power of Habeas Corpus in America From the King's Prerogative to the War on Terror By Anthony Gregory

The Power of Habeas Corpus in America From the King's Prerogative to the War on Terror By Anthony Gregory (Cambridge University Press for The Independent Institute) This pioneering book weighs in on habeas's historical controversies and its very nature as a government power--addressing its origins, the relationship between king and parliament, the U.S. Constitution's Suspension Clause, the writ's role in the power struggle between the federal government and the states, and the proper scope of federal habeas for state prisoners and for wartime detainees from the Civil War and World War II to the War on Terror. Anthony Gregory stresses the importance of liberty and detention policy in making the writ more than a tool of power. Taken as a whole, The Power of Habeas Corpus in America presents a nuanced and critical view of the writ's history, showing the dark side of this most revered judicial power. Read the Book's Full Summary » Order Online or Call Toll Free 1-800-927-8733 Praise for The Power of Habeas Corpus in America: "Habeas Corpus is arguably the most important tool for peacefully repelling tyranny and effectively holding the government accountable for its interferences with personal freedom. It can reduce the government from a gang of armed thugs on its chosen turf to a gaggle of supplicant litigants in a neutral forum. In The Power of Habeas Corpus in America, Anthony Gregory reduces 400 years of Anglo-American legal and political history to a readable, thorough, compelling study of this natural and constitutional right. This book is so well researched and written, it will soon become the bible on all things Habeas Corpus for generations." —Andrew P. Napolitano, Senior Judicial Analyst, Fox News Channel "Ask any American what his most important right is, and he is apt to mention the freedom of speech, the freedom of the press, or the freedom of religion. . . . Very rare is the person who would respond by saying, 'The right not to be arrested and jailed arbitrarily,' let alone mention the judicial writ that protects that right: the writ of habeas corpus. Lawyers know it as 'the Great Writ,' and the myth holds that its availability from time immemorial is the chief reason that Anglophones have long been free. Anthony Gregory here does the estimable service of showing that the Great Writ was not always what we now understand it to be. He also lays out in excruciating, nay shocking, detail the 150-year trend, accelerating in our day, of reducing the Writ’s importance." —Kevin R. C. Gutzman, Professor of History,Western Connecticut State University; author of James Madison and the Making of America "In his insightful and timely account of habeas corpus, Anthony Gregory illuminates not only the promise, but also the limitations of what for centuries has been known as the 'Great Writ.' His treatment of this important subject is both eloquent and persuasive, enhancing our understanding of the relationship between law, power, and human liberty." —Jonathan Hafetz, Associate Professor of Law, Seton Hall University School of Law; author of Habeas Corpus After 9/11: Confronting America's New Global Detention System "Especially now, as individual rights are increasingly trampled with impunity by the state, Anthony Gregory's combination of engaging historical narrative with astute legal analysis and impassioned moral advocacy provides an overview of issues surrounding the Great Writ that is simply invaluable." —Gary Chartier, Professor of Law and Business Ethics and Associate Dean, School of Business, La Sierra University

Retail $99.00 Sale $59.95 SAVE 39%! Hardcover • Index 436 Pages • 6 x 9 Inches For Educators: Request Review Copy for Course Adoption