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Book Cover: The Power of Habeas Corpus in America

The Power of Habeas Corpus in America: From the King’s Prerogative to the War on Terror (Cambridge University Press, 2013).



Despite its mystique as the greatest Anglo-American legal protection, habeas corpus's history features opportunistic power plays, political hypocrisy, ad hoc jurisprudence, and many failures in effectively securing individual liberty. The Power of Habeas Corpus in America tells the story of the writ from medieval England to modern America, crediting the rocky history to the writ's very nature as a government power.




“Anthony Gregory here does the estimable service of showing that the Great Writ was not always what we now understand it to be. He also lays out in excruciating, nay shocking, detail the 150-year trend, accelerating in our day, of reducing the Writ’s importance.”
Kevin R. C. Gutzman, Professor of History,Western Connecticut State
University; author of James Madison and the Making of America


“In his insightful and timely account of habeas corpus, Anthony Gregory illuminates not only the promise, but also the limitations of what for centuries has been known as the ‘Great Writ.’ His treatment of this important subject is both eloquent and persuasive, enhancing our understanding of the relationship between law, power, and human liberty.”
Jonathan Hafetz, Associate Professor of Law, Seton Hall University School of Law; author of Habeas Corpus After 9/11: Confronting America’s New Global Detention System


“Anthony Gregory reduces 400 years of Anglo-American legal and political history to a readable, thorough, compelling study of this natural and constitutional right. This book is so well researched and written, it will soon become the bible on all things Habeas Corpus for generations.”
Andrew P. Napolitano, Senior Judicial Analyst, Fox News Channel


“Anthony Gregory’s combination of engaging historical narrative with astute legal analysis and impassioned moral advocacy provides an overview of issues surrounding the Great Writ that is simply invaluable.”
Gary Chartier, Professor of Law and Business Ethics and Associate Dean, School of Business, La Sierra University


Selected Recent Articles:


"On the Boston Lockdown” in The Libertarian Standard

What Is the Threshold for Martial Law? in The Beacon

“Libertarians and War: A Bibliographical Essay” in The Libertarian Standard

David Koresh’s Revenge: Waco and 20 Years of State Terror


“Authentic Liberalism Vindicated” in Freedom Daily


“The Totalitarianism of Universal Background Checks” in The Beacon


“Obama’s Persecution of Bradley Manning” in the Huffington Post


“The Left, the Right, and the Liberty Movement” in Liberty Minded


“Rand Paul’s Senate Filibuster Divides the Left and Right” in the Beacon


“The Second Amendment Was Not Ratified to Protect Slavery” in the Beacon


“Was Hitler Really Anti-Gun Control?” in the Libertarian Standard

“Conservatives and the Path Toward Freedom” in the Libertarian Standard


Selected Older Favorites:


“The Occupiers and the State” in


“Marx’s Tea Party” in The American Conservative

"America’s Unique Fascism"in


“Legalize Organ Sales” in the Atlantic


“Why the Left Fears Libertarianism” in


“Support Your Local Pizza Guy” in


“Real World Politics and Radical Libertarianism” in