Copyright (c) 1999 Marquette Law Review
Marquette Law Review
BOOK REVIEW: ALL THE LAWS BUT ONE: CIVIL LIBERTIES IN WARTIME. By William H. Rehnquist. # New York, NY: Alfred A. Knopf, 1998. Pp. 254. $ 26.
# Chief Justice of the United States Supreme Court.
83 Marq. L. Rev. 221
Reviewed by Michael B. Brennan *
Inter Arma Silent Leges
"In time of war, the laws are silent" "The Privilege of Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."
U.S. Constitution, Article I, Section 9, Clause 2.
This Roman dictum, and this constitutional clause, capture the clash between the demands of a government's successful war effort and the compelling need to protect civil liberties. That conflict is the subject of the most recent historical monograph by Chief Justice William Rehnquist. 1 This book describes numerous examples of governmental use of authority which infringe civil liberties during declared wars in American history. It also yields flashes of insight into the views of our country's Chief Justice, including his commentary on Supreme Court precedent in this interesting area of the law.
In All the Laws But One, 2 Rehnquist describes scenes during wartime in which the United States government's activities interfered with the civil liberties of individual citizens who were often opposed to the war. Along with historical explication, Rehnquist briefs the legal cases these clashes produced, critiques the principles underlying those decisions, and relates the personalities of the individuals involved. Rehnquist uses these examples to support the book's thesis: while inter arma silent leges may have described this tension in the past, over time the phrase rings less true in the least justified wartime curtailments of civil liberty.
I. Wartime Civil Liberties
A. Civil War
Rehnquist spends 13 ...
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.