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Habeas Corpus in America: The Politics of Individual Rights (Constitutional Thinking) by JUSTIN J.WERT, Wert, Justin J., Justin J. Wert is a book available to read on EtoBox.

What is Habeas Corpus in America: The Politics of Individual Rights (Constitutional Thinking) about?

For most Americans, habeas corpus is the cornerstone of our legal system: 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. Habeas corpus, it emerges, is as much a tool of politics as it is of law. In this first study of habeas corpus in an American political context, Wert shifts our collective emphasis from the judicial to the political--toward the changes in the writ influenced by Congress, the president, political parties, state governments, legal academics, and even interest groups. By doing so, he reveals how political regimes have used habeas corpus both to undo the legacies of their predecessors and to establish and enforce their own vision of constitutional governance. Tracing the history of the writ from the Founding to Hamdi v. Rumsfeld and Boumediene v. Bush, Wert illuminates crucial developmental moments in its evolution. He demonstrates that during the antebellum period, Reconstruction, Gilded Age, Great Societ

Author

JUSTIN J.WERT, Wert, Justin J., Justin J. Wert

Publisher

UNIVERSITY PRESS OF KANSAS

Published

2011

Language

EN

ISBN

9780700617630

Subjects

Law, Political Science

Rating

4.5 / 5 (2 ratings)

Updated

2026-03-14