Every American who has ever watched a judge dismiss a constitutional argument without engaging it has witnessed something the mainstream legal establishment has never honestly explained. The standard answers — crowded dockets, frivolous arguments, settled precedent — collapse under examination. The pattern is too consistent, too directional, and too institutionally uniform to be explained by judicial error or docket management. Something else is producing it. This book identifies what that something else is, and traces it to a specific named primary source document that most Americans have never read.

General Orders No. 100 — the Lieber Code — was issued by President Abraham Lincoln on April 24, 1863, as the governing framework of martial law for the Union Army and all territories under its control during the Civil War. It established comprehensive military authority over civil governance, required civil officers including judges to take oaths of allegiance to the military authority as a condition of keeping their positions, and specified the exact conditions under which its martial law governance framework would formally cease. Those conditions were never formally satisfied. The Lieber Code was never formally rescinded. It sits today in the Library of Congress as an unrescinded general order of the United States Army, its cessation conditions unmet, its governance provisions unexamined by the mainstream legal establishment that would have the most to answer for if it examined them honestly.

This book examines what that means. It traces the Lieber Code's Article 26 oath provisions through the systematic application of loyalty oath requirements to state court judges during Reconstruction, through the Supreme Court's institutional accommodation to the military governance framework in the Reconstruction-era decisions, and through the doctrinal architecture of qualified immunity, constitutional avoidance, standing, ripeness, and harmless error that the Reconstruction-era accommodation produced. It examines the Law of Nations framework within which the Code's provisions operate, the UCC Article 7 warehouse receipt connection to the Code's private property indemnity provisions, the Reconstruction amendments and their ratification within the martial law governance structure, and the permanent emergency powers framework as the institutional expression of the martial law governance tradition the Code established.

Every connection is examined honestly, at exactly the level the specific named historical and legal evidence supports. Where the record is clear, the analysis says so. Where the evidence supports a reasonable investigative inference, the analysis says so. Where arguments extend beyond what the record establishes, the analysis says that too. This is not a book that tells readers what to believe. It is a book that assembles the complete historical and legal record and equips the reader to evaluate what that record means.

The question this book asks — why do judges resist the Constitution — has never been honestly answered by the mainstream legal establishment. The Lieber Code is the answer the mainstream has never given. It is available in the Library of Congress. It has always been available. It has simply never been examined. Until now.

"Synopsis" may belong to another edition of this title.

PBShop.store US

Wood Dale, IL, U.S.A.

5-star seller

AbeBooks seller since April 7, 2005

Shipping rates within U.S.A.

Item	7 to 14 business days	7 to 14 business days
First item	£ 0.00	£ 0.00

Delivery times are set by sellers and vary by carrier and location. Orders passing through Customs may face delays and buyers are responsible for any associated duties or fees. Sellers may contact you regarding additional charges to cover any increased costs to ship your items.

Payment methods

Store description

We first started out as “The Paperback Exchange,” a chain of physical bookstores where we would part exchange your beloved books for new stories to transport you to faraway places. However, as shopping started to evolve to online shops and marketplaces, we bid our stores goodbye to become “PBShop.” This transition has only allowed us to blossom as we now ship thousands of titles to book lovers across the globe. We pride ourselves in being a community of local book lovers which allows our passion and devotion to shine in everything we do. In 2020 we not only celebrated our 20th birthday but our 1st birthday as being completely employee owned after becoming an E.O.T in September 2019. We are proud to be different and embrace standing apart on a book mountain by working from a virtual inventory which allows us to provide thousands of books that may be difficult to get for your bookshelf or your studies. Working with a number of different suppliers allows us to explore other avenues such as puzzles, sheet music and even stationery so we really do have something for everyone. Life is about being versatile in all realms of existence. If this is your first visit or you are a returning customer, we would like to welcome you to the PBShop family, for there is no friend as loyal as a book. We are a company who put our customers at the centre of everything we do as we understand the importance of reading because once you learn to read, you will forever be free. There are a whole lot of things in this world of ours that we are yet to explore, which is why we will forever inspire curious minds.…

Specialty

Hardbacks, Paperbacks

Seller's business information

Pbshop.co.uk Ltd

Unit 22 Horcott Industrial Estate, Horcott Road
Fairford, United Kingdom GL7 4BX

Contact sellerView this seller's itemsView seller's storefront

Terms of sale

Returns Policy
We ask all customers to contact us for authorisation should they wish to return their order. Orders returned without authorisation may not be credited.
If you wish to return, please contact us within 14 days of receiving your order to obtain authorisation.

Returns requested beyond this time will not be authorised.

Our team will provide full instructions on how to return your order and once received our returns department will process your refund.
Please note the cost to return any unwanted order to us is borne by the buyer.

Should your order arrive damaged, not as advertised or faulty, we must be advised of this within 14 days of delivery. Please contact us so we can find the best solution for you.

Our Customer Care Team can be contacted via emailing paperback-us@paperbackshop.co.uk, or by calling our UK Office on +441285 712 917. We are available 9:00am till 5:30pm GMT weekdays and 9:00am till 1:00pm GMT on Saturdays.

Right of withdrawal

If you are a consumer you can withdraw from the contract in accordance with the following. Consumer means any natural person who is acting for purposes which are outside his trade, business, craft or profession.

Information regarding the right of withdrawal

Statutory right to withdraw

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good or the last lot or piece.

To exercise the right of withdrawal, electronically fill in and submit a clear statement on our website, under "My Purchases" in "My Account". We will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to withdraw from this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back, or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to PBShop.store US, Springfield Gardens, New York, U.S.A., +44 1285 712917, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exceptions to the right of withdrawal

The right of withdrawal does not apply to:

The delivery of newspapers, journals or magazines with the exception of subscription contracts; and
The supply of digital content which is not supplied on a tangible medium (e.g. on a CD or DVD) if you accepted when you placed your order that we could start to deliver it, and that you could not withdraw once delivery had started.

Shipping terms

Books are shipped from our US or UK warehouses. Delivery estimates allow for delivery from either location.

Why Judges Resist the Constitution

Item description from seller

Bibliographic details

Synopsis