Description
Book SynopsisFor most Americans, habeas corpus is the principal constitutional check on arbitrary government power, allowing an arrested person to challenge the legality of his detention. In a study that could not be more timely, Justin Wert reexamines this essential individual right and shows that habeas corpus is not necessarily the check that we’ve assumed.
Trade ReviewAn impressive and engaging account of how the Great Writ, designed as a fundamental protector of liberty, has been shaped and misshaped by political forces. Wert’s history is a clarion call for a reaffirmation of the writ at its best." - David Cole, author of
Terrorism and the Constitution"An excellent and much-needed study that focuses our attention on the politics that have always surrounded this important right." - Keith E. Whittington, author of Constitutional Interpretation: Textual Meaning, Original Intent, and Judicial Review
"An innovative history of habeas corpus that enhances our understanding of the way in which courts are part of political regimes." - Mark Tushnet, author of Why the Constitution Matters
Table of Contents
- Preface
- 1. Habeas Corpus and History
- 2. Antebellum Habeas
- 3. The Reconstruction of Habeas Corpus
- 4. From the Extraordinary to the Ordinary: 1915-1969
- 5. Innocence and Guilt: Habeas from Burger to Rehnquist
- Conclusion: The Not-So-Great Writ of Liberty
- Notes
- References
- Index
