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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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