Habeas Corpus in Wartime: From the Tower of London to Guantanamo Bay

This book is the most comprehensive account of the role of habeas corpus in wartime ever written. It draws on a wealth of untapped resources to shed light on the political and legal understanding of habeas corpus that has unfolded over the course of Anglo-American history.

The book traces the roots of the habeas privilege enshrined in the United States Constitution to England and then carries the story forward to document the profound influence of English law on early American law. It then takes the story forward to document the understanding of the privilege and the role of suspension over the course of American history, giving special attention to important historical episodes when the Constitution has come under great stress, such as the Civil War, Reconstruction, World War II, and the War on Terror.

The original historical materials presented have a great deal to contribute to modern debates over the scope of executive power to arrest, and to the role of courts in wartime.