Jump to ContentJump to Main Navigation
Habeas for the Twenty-First CenturyUses, Abuses, and the Future of the Great Writ$
Users without a subscription are not able to see the full content.

Nancy J. King and Joseph L. Hoffmann

Print publication date: 2011

Print ISBN-13: 9780226436975

Published to Chicago Scholarship Online: March 2013

DOI: 10.7208/chicago/9780226436968.001.0001

Show Summary Details
Page of

PRINTED FROM CHICAGO SCHOLARSHIP ONLINE (www.chicago.universitypressscholarship.com). (c) Copyright University of Chicago Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CHSO for personal use.date: 27 May 2022

: The History of Habeas Review of State Criminal Cases

: The History of Habeas Review of State Criminal Cases

(p.48) Chapter Three: The History of Habeas Review of State Criminal Cases
Habeas for the Twenty-First Century
University of Chicago Press

This chapter investigates the development of habeas review of state convictions and sentences in noncapital cases under 28 U.S.C. § 2254. The Habeas Corpus Act of 1867 expanded the availability of the writ in response to a major political and social crisis that created a serious risk of abuse of the government's power to detain. For state prisoners, Congress preserved traditional habeas review as authorized by the 1867 act, but enacted a new statute, 28 U.S.C. § 2254, that introduced revised rules of habeas procedure. Habeas became a crucial federal weapon in a new war of federalism during the Warren Court era. Justice William Rehnquist's view—that habeas should be limited to certain fundamental claims—did not prevail. The war of federalism that raged in the 1960s has ended, but the habeas law designed to fight it still stands, devoid of meaning.

Keywords:   habeas review, Habeas Corpus Act, state convictions, state sentences, federalism, Warren Court era, Justice William Rehnquist

Chicago Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.