All the Laws but One: Civil Liberties in Wartime
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Overview
In All the Laws but One, William H. Rehnquist, Chief Justice of the United States, provides an insightful and fascinating account of the history of civil liberties during wartime and illuminates the cases where presidents have suspended the law in the name of national security.
Abraham Lincoln, champion of freedom and the rights of man, suspended the writ of habeas corpus early in the Civil War--later in the war he also imposed limits upon freedom of speech and the press and demanded that political criminals be tried in military courts. During World War II, the government forced 100,000 U.S. residents of Japanese descent, including many citizens, into detainment camps. Through these and other incidents Chief Justice Rehnquist brilliantly probes the issues at stake in the balance between the national interest and personal freedoms. With All the Laws but One he significantly enlarges our understanding of how the Supreme Court has interpreted the Constitution during past periods of national crisis--and draws guidelines for how it should do so in the future.
Editorial Reviews
In this lively account, Chief Justice Rehnquist tests the Roman maxim inter arma silent leges (in time of war the laws are silent) against American history and discusses the judiciary's response to government's wartime lawlessness. He begins with the Civil War, when the Lincoln administration "chose to suspend the writ of habeas corpus, interfere with freedom of speech and of the press, and try suspected political criminals before military commissions." Lincoln's defense of these practices gave the book its title, "Are all the laws, but one, to go unexecuted, and the government itself to go to pieces, lest that one be violated?" The tension between individual liberties and wartime necessities runs throughout the work as Rehnquist discusses several celebrated Civil War habeas corpus cases (Ex Parte Merryman and Ex Parte Milligan); political dissent during WWI; the internment of Japanese-Americans; and Hawaii's military government during WWII. Rehnquist reaches the considered conclusion that "the most important task is achieving a proper balance between freedom and order. In wartime, reason and history both suggest that this balance shifts to some degree in favor of order?in favor of the government's ability to deal with conditions that threaten the national well-being." Nevertheless, since the Civil War, courts have tamed the government's power to restrict civil liberties in wartime. Rehnquist is a diligent scholar and a compelling storyteller, who guides his readers to a consideration of abstract moral and legal issues in the light of specific historical circumstances.
Copyright 1998 Reed Business Information, Inc. -- PUBLISHERS WEEKLY.
Author Information
Bio of William H. Rehnquist
William H. Rehnquist succeeded Warren Burger in September 1986 as the sixteenth Chief Justice of the Supreme Court. Rehnquist, born in Milwaukee, served in World War II and then worked his way through Stanford Law School. In January 1952, he made his way across the country to Washington, D.C., to take a clerkship with Supreme Court Justice Robert Jackson. He subsequently moved to Phoenix, where he was in the private practice of law from 1953 to 1969. In the latter year he was appointed an assistant attorney general, and in 1971 was made an associate justice of the Supreme Court.
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Additional Info
Imprint
Random House
Filesize
1.53 MB
Number of Pages
288
eBook ISBN
9780307424693
Excerpt from: All the Laws but One by William H. Rehnquist
A cold drizzle of rain was falling February 11 when Lincoln and his party of fifteen were to leave Springfield on the eight o'clock at the Great Western Railway Station. Chilly gray mist hung on the circle of the prairie horizon. A short locomotive with a flat-topped smokestack stood puffing with the baggage car and special passenger car coupled on; a railroad president and superintendent were on board. A thousand people crowded in and around the brick station, inside of which Lincoln was standing. One by one came hundreds of old friends, shaking hands, wishing him luck and Godspeed, all faces solemn. Even huge Judge Davis, wearing a new white silk hat, was a somber figure."
On that dreary Illinois winter day in 1861, President-elect Abraham Lincoln began his journey to Washington, D.C., where he hoped to be inaugurated as President on March 4. "Hoped to" because there were already rumors afloat that secessionist sympathizers would somehow prevent his inauguration from taking place. In the November presidential election, Lincoln had prevailed over three opponents, receiving 180 electoral votes. The incumbent Vice President, John Breckenridge, the candidate of the South, received 72; John Bell, the candidate of the Constitutional Union Party, 39; and Lincoln's longtime Democratic opponent Stephen Douglas, only 12. But the electoral vote did not tell the whole story of this bitterly contested election. Lincoln received a minority of the popular vote, slightly less than 1.9 million votes out of a total of some 4.7 million. In ten states of the South, he did not get a single popular vote. Indeed, he was not even on the ballot in some states. He was elected by the nearly solid electoral votes of the North, together with those of California and Oregon. In an election dominated by the issue of the extension of slavery, Lincoln received no electoral votes from any state south of the Ohio River.
Unquestionably, then, he was a sectionally chosen President, and soon after his election the states of the Deep South began to carry out their threat to secede from the Union. Within days of the election, the two Senators from South Carolina resigned their seats, and the state legislature enacted a bill calling a convention to determine whether it should secede from the Union. Delegates were duly elected, and on December 20, 1860, the convention voted to take South Carolina out of the Union. By the time Lincoln was boarding the train to Washington, South Carolina, Georgia, Florida, Alabama, Mississippi, and Louisiana had passed ordinances of secession, and delegates from these states were meeting in Montgomery, Alabama, to launch the Confederate States of America.
From the rear platform of the car that would bear him and his party on their slow and circuitous journey to Washington, Abraham Lincoln said goodbye to his Springfield friends:
My friends-No one, not in my situation, can appreciate my feeling of sadness at this parting. To this place, and the kindness of these people, I owe everything. Here I have lived a quarter of a century, and have passed from a young to an old man. Here my children have been born, and one is buried. I now leave, not knowing when, or whether ever, I may return, with a task before me greater than that which rested upon Washington. Without the assistance of that Divine Being, who ever attended him, I cannot succeed. With that assistance I cannot fail. Trusting in Him, who can go with me, and remain with you and everywhere for good let us confidently hope that all will yet be well. To His care commending you, as I hope you and your prayers will commend me, I bid you an affectionate farewell.
Lincoln's train moved eastward over the flatlands of Illinois and Indiana, reaching Indianapolis in the late afternoon. There he was greeted by Governor Oliver P. Morton, and spoke in the evening from the balcony of his hotel. The next day, February 12--Lincoln's fifty-second birthday--the special train took him and his party from Indianapolis to Cincinnati, where he could look across the Ohio River to the state of Kentucky, where he had been born.
When little Abe was seven, he moved with his parents and brother north across the Ohio River, to Indiana. His mother, Nancy Hanks Lincoln, died when he was nine, and at the age of twenty-one he moved with his father and family to a farm near Decatur, Illinois.
He worked in a store in New Salem, was elected to the Illinois legislature, and then moved to Springfield, where he began the practice of law in 1836. Six years later, he married Mary













