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America's Two Constitutions explores the history of the treatment of dissenters in time of war, beginning with the treatment of Tories during the Revolution, followed by description and analysis of the Lincoln administration's treatment of disloyal persons during the Civil War, President Wilson's organized plan to curb anti-war, anti-draft groups including the Socialist party during World War I, President Roosevelt's handling of the Japanese internment program and trial of U.S. citizens by military commission during World War II, the cold war campaign against Communists in government and in the entertainment field, the FBI spying program COINTELL and other means to curb draft resisters and anti-war groups during the Viet Nam war followed by a chapter on the post 9-11 treatment of suspected terrorists including surreptitious interception of electronic traffic and trial of U.S. citizens and foreign nationals by military commission. The final chapter concludes that the United States has two constitutions: the written constitution in peacetime and a special unwritten constitution in time of war or national emergency.
Avenging Lincoln's Death: The Trial of John Wilkes Booth's Accomplices is an examination of the 1865 military commission trial of eight alleged accomplices of John Wilkes Booth, the assassin who murdered President Abraham Lincoln. The book analyzes the trial transcript and other relevant evidence relating to the guilt of Booth's alleged accomplices, as well as a careful application of basic constitutional law principles to the jurisdiction of the military commission and the fundamental fairness of the trial. The author found that the military commission trial was unconstitutional and unfair because Congress never authorized trial by military commission for these eight civilians. President Johnson exceeded the scope of his authority as commander in chief by ordering the accomplices to be tried by military commission. He failed to follow the Habeas Corpus Act of 1863 that required him to turn over the alleged accomplices to civilian authorities for prosecution. The accomplices were convicted on perjured testimony and the Government was allowed to drag in unrelated evidence of Confederate atrocities to poison the minds of the panel of officers.
Avenging Lincoln's Death: The Trial of John Wilkes Booth's Accomplices is an examination of the 1865 military commission trial of eight alleged accomplices of John Wilkes Booth, the assassin who murdered President Abraham Lincoln. The book analyzes the trial transcript and other relevant evidence relating to the guilt of Booth's alleged accomplices, as well as a careful application of basic constitutional law principles to the jurisdiction of the military commission and the fundamental fairness of the trial. The author found that the military commission trial was unconstitutional and unfair because Congress never authorized trial by military commission for these eight civilians. President Johnson exceeded the scope of his authority as commander in chief by ordering the accomplices to be tried by military commission. He failed to follow the Habeas Corpus Act of 1863 that required him to turn over the alleged accomplices to civilian authorities for prosecution. The accomplices were convicted on perjured testimony and the Government was allowed to drag in unrelated evidence of Confederate atrocities to poison the minds of the panel of officers.
America's Two Constitutions explores the history of the treatment of dissenters in time of war, beginning with the treatment of Tories during the Revolution, followed by description and analysis of the Lincoln administration's treatment of disloyal persons during the Civil War, President Wilson's organized plan to curb anti-war, anti-draft groups including the Socialist party during World War I, President Roosevelt's handling of the Japanese internment program and trial of U.S. citizens by military commission during World War II, the cold war campaign against Communists in government and in the entertainment field, the FBI spying program COINTELL and other means to curb draft resisters and anti-war groups during the Viet Nam war followed by a chapter on the post 9-11 treatment of suspected terrorists including surreptitious interception of electronic traffic and trial of U.S. citizens and foreign nationals by military commission. The final chapter concludes that the United States has two constitutions: the written constitution in peacetime and a special unwritten constitution in time of war or national emergency.
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