The Privilege Of The Writ Of Habeas Corpus Under The Constitution Of The United States - Softcover

William M. Kennedy

Softcover

ISBN 10: 0371925401 ISBN 13: 9780371925409

Publisher: HardPress

Synopsis

The Privilege Of The Writ Of Habeas Corpus Under The Constitution Of The United States: In What It Consists. How It Is Allowed. How It Is Suspended. It Is The Regulation Of The Law, Not The Authorization Of An Exercise Of Legislative Power by William M. Kennedy examines how the privilege of the writ operates within the constitutional framework. The text argues that the writ represents an original and inherent security of personal liberty, not a power granted by Congress. It analyzes the Habeas Corpus Clause, contending that suspension can occur only in cases of rebellion or invasion when public safety requires it, and that the President, with judicial and legislative support, must apply or override the measure as circumstances demand. Kennedy rejects reliance on English analogies and asserts the supremacy of the American constitutional order, detailing the roles and limits of the legislative, executive, and judicial branches in regulating or suspending the privilege. The work critiques contemporary interpretations and presents a careful constitutional explanation, including an appendix responding to critics such as Binney. Originally published in 1862, the tract remains a focused defense of civil liberties under wartime necessity.

Edition details

• Publisher: HardPress
• Language: English
• ISBN 10: 0371925401
• ISBN 13: 9780371925409
• Binding: Paperback