At the very end of the Civil War, a military court convicted Lambdin P. Milligan and his coconspirators in Indiana of fomenting a general insurrection and sentenced them to hang. On appeal, in Ex parte Milligan the US Supreme Court sided with the conspirators, ruling that it was unconstitutional to try American citizens in military tribunals when civilian courts were open and functioning—as they were in Indiana. Far from being a relic of the Civil War, the landmark 1866 decision has surprising relevance in our day, as this volume makes clear. Cited in four Supreme Court decisions arising from the wars in Afghanistan and Iraq, Ex parte Milligan speaks to constitutional questions raised by the war on terror; but more than that, the authors of Ex parte Milligan Reconsidered contend, the case affords an opportunity to reevaluate the history of wartime civil liberties from the Civil War era to our own. After the Civil War, critics of Reconstruction pointed to Milligan as an example of the Republican Party’s abuse of federal power; even historians sympathetic to Lincoln have found it necessary to apologize for his administration’s record on civil liberties during the Civil War. However, the authors of this volume argue that this distorts the nineteenth-century understanding of the Bill of Rights, neglects international law entirely, and, equally striking, ignores the experience of African Americans. In reviving Milligan, the Supreme Court has implicitly cast Reconstruction as a “war on terror” in which terrorist insurgencies threatened and eventually halted the assertion of black freedom by the Republican Party, the Union Army, and African Americans themselves. Returning African Americans to the center of the story, and recognizing that Lincoln and Republicans were often forced to restrict white civil liberties in order to establish black civil rights and liberties, Ex parte Milligan Reconsidered suggests an entirely different account of wartime civil liberties, one with profound implications for US racial history and constitutional law in today’s war on terror.

Federal habeas corpus is a procedure under which a federal court may review the legality of an individual's incarceration. It is most often the stage of the criminal appellate process that follows direct appeal and any available state collateral review. The law in the area is an intricate weave of statute and case law. Current federal law operates under the premise that with rare exceptions prisoners challenging the legality of the procedures by which they were tried or sentenced get "one bite of the apple." Relief for state prisoners is only available if the state courts have ignored or rejected their valid claims, and there are strict time limits within which they may petition the federal courts for relief. Moreover, a prisoner relying upon a novel interpretation of law must succeed on direct appeal; federal habeas review may not be used to establish or claim the benefits of a "new rule." Expedited federal habeas procedures are available in the case of state death row inmates if the state has provided an approved level of appointed counsel. The Supreme Court has held that Congress enjoys considerable authority to limit, but not to extinguish, access to the writ. This report is available in an abridged version as CRS Report RS22432, "Federal Habeas Corpus: An Abridged Sketch," by Charles Doyle.

Only the Clothes on Her Back illuminates the ways in which women, men of color, and poor people used textiles as a form of property that enabled them to gain access to the legal system and to exercise political power.

A full understanding of the institution of the American presidency requires us to examine how it developed from the founding to the present. This developmental lens, analyzing how historical turns have shaped the modern institution, allows for a richer, more nuanced understanding. The Development of the American Presidency pays great attention to that historical weight but is organized by the topics and concepts relevant to political science, with the constitutional origins and political development of the presidency its central focus. Through comprehensive and in-depth coverage, Richard J. Ellis looks at how the presidency has evolved in relation to the public, to Congress, to the executive branch, and to the law, showing at every step how different aspects of the presidency have followed distinct trajectories of change. Each chapter promotes active learning, beginning with a narrative account of some illustrative puzzle that brings to life a central concept. A wealth of photos, figures, and tables allow for the visual presentations of concepts. New to the Fourth Edition Explicit and expanded attention to the role of norms in shaping and constraining presidential power, with special focus on Trump’s norm-breaking and Biden’s efforts to shore up norms; Enhanced focus on the prospects for institutional reform, including in the electoral college, presidential relations with Congress, war powers, and the selection of Supreme Court justices; A full reckoning with the Trump presidency and its significance for the future of American democracy, presidential rhetoric, the unilateral executive, and the administrative state; Coverage of the first year of Biden’s presidency, including presidential rhetoric, relations with Congress and the bureaucracy, use of the war powers, and unilateral directives; Comprehensive updating of debates about the removal power, including the Supreme Court cases of Seila Law v. CFPB and Collins v. Yellen; In-depth exploration of the impact of partisan polarization on the legislative presidency and effective governance; Analysis of the 2020 election and its aftermath; Expanded discussion of impeachment to incorporate Trump’s two impeachments; Examination of presidential emergency powers, with special attention to Trump’s border wall declaration; Review of Biden’s and Trump’s impact on the judiciary; Assessment of Biden’s and Trump’s place in political time.

An NPR Best Book of 2022 From an acclaimed New York Times bestselling biographer, an “eloquently written, impeccably researched, and intensely moving” (The Wall Street Journal) reassessment of Abraham Lincoln’s indispensable Secretary of the Treasury: a leading proponent for black rights during his years in cabinet and later as Chief Justice of the United States. Salmon P. Chase is best remembered as a rival of Lincoln’s for the Republican nomination in 1860—but there would not have been a national Republican Party, and Lincoln could not have won the presidency, were it not for the groundwork Chase laid over the previous two decades. Starting in the early 1840s, long before Lincoln was speaking out against slavery, Chase was forming and leading antislavery parties. He represented fugitive slaves so often in his law practice that he was known as the attorney general for runaway negroes. Tapped by Lincoln to become Secretary of the Treasury, Chase would soon prove vital to the Civil War effort, raising the billions of dollars that allowed the Union to win the war while also pressing the president to recognize black rights. When Lincoln had the chance to appoint a chief justice in 1864, he chose his faithful rival because he was sure Chase would make the right decisions on the difficult racial, political, and economic issues the Supreme Court would confront during Reconstruction. Drawing on previously overlooked sources, Walter Stahr offers a “revelatory” (The Christian Science Monitor) new look at the pivotal events of the Civil War and its aftermath, and a “superb” (James McPherson), “magisterial” (Amanda Foreman) account of a complex forgotten man at the center of the fight for racial justice in 19th century America.

Many African Americans of the Civil War era felt a personal connection to Abraham Lincoln. For the first time in their lives, an occupant of the White House seemed concerned about the welfare of their race. Indeed, despite the tremendous injustice and discrimination that they faced, African Americans now had confidence to write to the president and to seek redress of their grievances. Their letters express the dilemmas, doubts, and dreams of both recently enslaved and free people in the throes of dramatic change. For many, writing Lincoln was a last resort. Yet their letters were often full of determination, making explicit claims to the rights of U.S. citizenship in a wide range of circumstances. This compelling collection presents more than 120 letters from African Americans to Lincoln, most of which have never before been published. They offer unflinching, intimate, and often heart-wrenching portraits of Black soldiers' and civilians' experiences in wartime. As readers continue to think critically about Lincoln's image as the "Great Emancipator," this book centers African Americans' own voices to explore how they felt about the president and how they understood the possibilities and limits of the power vested in the federal government.

The Civil War Soldier and the Press examines how the press powerfully shaped the nation’s understanding and memory of the common soldier, setting the stage for today’s continuing debates about the Civil War and its legacy. The history of the Civil War is typically one of military strategies, famous generals, and bloody battles, but to Americans of the era, the most important story of the war was the fate of the soldier. In this edited collection, new research in journalism history and archival images provide an interdisciplinary study of citizenship, representation, race and ethnicity, gender, disability, death, and national identity. Together, these chapters follow the story of Civil War soldiers, from enlistment through battle and beyond, as they were represented in hometown and national newspapers of the time. In discussing the same pages that were read by soldiers’ families, friends, and loved ones during America’s greatest conflict, the book provides a window into the experience of historical readers as they grappled with the meaning and cost of patriotism and shared sacrifice. Both scholarly and approachable, this book is an enriching resource for undergraduate and graduate courses in Civil War history, American history, journalism, and mass communication history.