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Articles 1 - 10 of 10
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Habeas Corpus In The Anglo-American Legal Tradition, Amanda L. Tyler
Habeas Corpus In The Anglo-American Legal Tradition, Amanda L. Tyler
Amanda L Tyler
The habeas corpus provision in the United States Constitution, known as the Suspension Clause, has long confounded courts and scholars as to its intended purpose. The wording of the Clause seems to promise the availability of "[t]he Privilege of the Writ of Habeas Corpus" - or, at least preclude the United States Congress from undermining that privilege where it is otherwise available unless Congress takes the dramatic step of enacting suspension legislation. The very same Clause, recognizing the extraordinary nature of suspension, precludes the legislature from adopting such a state of affairs except in the face of rare and dire …
Habeas Corpus And The American Revolution, Amanda L. Tyler
Habeas Corpus And The American Revolution, Amanda L. Tyler
Amanda L Tyler
Modern debates concerning the protections afforded by the Suspension Clause of the U.S. Constitution have taken place within the Supreme Court’s chosen methodological approach in this context, which openly calls for careful attention to the historical backdrop against which the Clause was drafted. This approach is hardly surprising given that long ago Chief Justice John Marshall declared that when the Founding generation constitutionalized “this great writ,” they invoked “[t]he term … in the [C]onstitution, as one which was well understood.” No matter how well the Founding generation understood the content, reach, and application of the “privilege of the writ of …
A “Second Magna Carta”: The English Habeas Corpus Act And The Statutory Origins Of The Habeas Privilege, Amanda L. Tyler
A “Second Magna Carta”: The English Habeas Corpus Act And The Statutory Origins Of The Habeas Privilege, Amanda L. Tyler
Amanda L Tyler
In my own scholarship, Fallon and Meltzer’s work on habeas models prompted me to dig deeper into the historical backdrop that informed ratification of the Suspension Clause and think harder about the relevance of that history for questions of constitutional interpretation. This, in turn, has spurred work that has occupied me for many years since. In the spirit of engaging with my federal courts professor one more time, this Article tells the story of the statutory origins of the habeas privilege—what Blackstone called a “second magna carta”—and argues that any explication of the constitutional privilege and discussion of how courts …
A Dialogue With Federal Judges On The Role Of History In Interpretation, Amanda L. Tyler, Frank H. Easterbrook, Brett M. Kavanaugh, Charles F. Lettow
A Dialogue With Federal Judges On The Role Of History In Interpretation, Amanda L. Tyler, Frank H. Easterbrook, Brett M. Kavanaugh, Charles F. Lettow
Amanda L Tyler
No abstract provided.
Is Suspension A Political Question, Amanda L. Tyler
Is Suspension A Political Question, Amanda L. Tyler
Amanda L Tyler
The article focuses on the Suspension Clause of the U.S. Constitution being a political issue. It says that once suspension is viewed as a nonjusticiable political question, it would turn as a subject on which most of the restraints imposed by the Constitution would not be subjected to judicial enforcement. It is claimed that such thought should be denied because it is at odds of writ of habeas corpus heritage and would only complicate the separation of powers and the institution of judicial reviews.
Continuity, Coherence, And The Canons, Amanda L. Tyler
Continuity, Coherence, And The Canons, Amanda L. Tyler
Amanda L Tyler
No abstract provided.
Suspension As An Emergency Power, Amanda L. Tyler
Suspension As An Emergency Power, Amanda L. Tyler
Amanda L Tyler
As the war on terrorism continues, and along with it a heated debate over the scope of executive authority in times of national emergency, one important question deserves careful attention: how much power may Congress vest in the executive to address the crisis at hand when it chooses to take the "grave action" of suspending the privilege of the writ of habeas corpus? For example, may suspension legislation authorize the executive to arrest and detain individuals on suspicion that they might engage in future acts of terrorism? Or does suspending the privilege merely remove the courts from the governing equation …
The Counterfactual That Came To Pass: What If The Founders Had Not Constitutionalized The Privilege Of The Writ Of Habeas Corpus, Amanda L. Tyler
The Counterfactual That Came To Pass: What If The Founders Had Not Constitutionalized The Privilege Of The Writ Of Habeas Corpus, Amanda L. Tyler
Amanda L Tyler
No abstract provided.
Setting The Supreme Court's Agenda: Is There A Place For Certification, Amanda L. Tyler
Setting The Supreme Court's Agenda: Is There A Place For Certification, Amanda L. Tyler
Amanda L Tyler
No abstract provided.
The Forgotten Core Meaning Of The Suspension Clause, Amanda L. Tyler
The Forgotten Core Meaning Of The Suspension Clause, Amanda L. Tyler
Amanda L Tyler
Modern debates about the limits imposed by the Suspension Clause on the Executive's power to detain citizens without criminal charges during wartime have largely taken place without historical reference to what the Founding generation understood the "Privilege of the Writ of Habeas Corpus" to mean. These debates likewise have largely failed to account for how the Founding generation viewed the relationship between the privilege and the provision for its suspension included in the Suspension Clause. Meanwhile, the Supreme Court has emphasized that the Suspension Clause analysis should be guided at a minimum by an understanding of the legal status of …