The framers of the Constitution sought that the writ shall be included in the body of the Constitution in Article I, Section 9, stating that, “The privilege of the writ of Habeas Corpus shall not be suspended, unless when in case of Rebellion or invasion the public safety may require it.” (site) Abraham Lincoln believed and respected the Constitution and the traditional separation of powers, however he did not feel that the framers of the Constitution intended to wait for Congress to come together to make a decision in a time of crisis. President Lincoln did not want to get rid of the writ of Habeas Corpus because prior to becoming the president he had served in congress and was a lawyer himself and therefore he understood it’s meaning and importance. (site) Suspending the writ of Habeas Corpus was not an easy decision made by Lincoln, yet as the commander in Chief of the United States it was his duty to protect the country in these extreme circumstances of protests and…
First, individual liberties and freedoms are important since without them one can be held indefinitely. Habeas corpus also known as the “great writ of liberty” guarantees that a person who is being held unjustly can go free (Habeas corpus, 2011). This is one of the reasons that make America so great because anyone who is detained can know the reason why they are being held and in so are allowed due process under the law. The Constitution protects the…
Dueholm, J. A. (2008, Summer). Lincoln 's Suspention of the Writ of Habeas Corpus: An Historical and Constitutional Analysis. Retrieved from Journal of The Lincoln Association: http://quod.lib.umich.edu…
race, gender, disability, etc. in employment and housing. "Civil liberties" are about basic rights and…
During America's most consequential wars, the United States government has restricted civil liberties of the American people despite the nation’s strong rooted foundation for preserving every citizen’s rights. When danger is an ever present factor for the nation due to war or conflict restrictions are often placed on some of the most basic freedoms and liberties. Perfect balancing of these restrictions is vital to the countries wellbeing. One of the most well-known examples of this type of restraint is Abraham Lincoln’s precedent of suspending the writ of Habeas Corpus and issuing martial law. Lincoln’s actions clearly violated the rights of the people that are guaranteed to them under the Constitution. While out of context it wouldn’t make much sense, the specific circumstance’s Abraham Lincoln was facing completely justified his unconstitutional orders. In retrospect we can now see how important Lincoln’s decisions were; If not for his actions the union may never have won the Civil War and history would have been irreparably altered. History repeated itself when following in Lincoln’s footstep’s, President Franklin D. Roosevelt authorized the internment of over 100,000 people of Japanese descent in response to Japan’s attacks on the Pearl Harbor Naval Base. The country was in a state of panic and a response was needed to make Americans feel secure. Less than five decades later a similar attack devastated America. Similar to Roosevelt, George W. Bush was catapulted into taking responsive action after the September 11th terrorist attacks on U.S soil. His response was the Patriot Act. It was our founding fathers intentions for the people of these United States to be sheltered by liberty and freedom, however, it’s clear that later day presidents used a strong balance of discretion and justice for the sake of a greater good and national security. The government should be able to impede certain civil liberties should the situation arise where it is necessary as long as…
Before the Civil War the U.S. was very decentralized, and that happened because of many reasons. The south was very reliant on cash crops, plantations and large lands of agriculture. They also still had a slave based economy. The north on the other hand was being affected greatly by the industrial revolution while also consisting of small family farms. By 1860 almost 50 percent of the North’s population was making a living outside of agriculture. Also by the 1860 the new population of the Northwest contained about one-quarter of the population in the U.S. Clement L. Vallandigham was an outspoken attorney who served two terms in the Ohio House of Representatives. He was a North westerner and the North Westerners looked down upon slavery in the south and feared the expansion of slavery into the west. When the civil war started they felt like the northwestern soldiers were taking the worst impact of the war and blamed the republicans of having started the war just to emancipate the slaves. Vallandigham was determined to run for governorship of Ohio again in 1863 so he divided a plan to be perceived as a martyr by the Democratic delegates by getting arrested for breaking General Ambrose Burnside’s general order number 38 (page 262-269). Why was Vallandigham actually arrested? Was it for political reasons or was it because that he had actually broken General Ambrose Burnsides general order number 38? By looking at the way Lincoln has replied to Vallandigham’s speeches and accusations and also how vallandigham stated his stance in his own speeches. Vallandigham might have been arrested for either undermining the administration by talking critically about the president, encouraging military desertions, or being outspoken about the rights people were losing because of the rebellion.…
History records Abraham Lincoln as the Great Emancipator, yet ardent abolitionists of his day such as William Lloyd Garrison viewed him with deep suspicion. That the 16th president eventually achieved the abolitionists' most cherished dream, says biographer Allen Guelzo, happened through a curious combination of political maneuvering, personal conviction, and commitment to constitutional principle.…
The Founding Fathers believed that the sanctity of individual rights must be held above all else, due to their prior experiences with the tyrannical rule of King George III of Great Britain. After the drafting and ratification of the Constitution, the United States government has introduced several laws and allowed several actions that compromise the liberties guaranteed by the Constitution in the supposed name of security or the general welfare. These laws include the Espionage Act which was introduced during World War I, and the use and allowance of ‘Stop and Frisk’ procedures amongst America’s various police agencies. The introduction and use of these laws and procedures were meant to keep the American public safe following outbreaks of war and to try and prevent weapon related violence, but they also compromise the liberties that are ensured to the…
The law of Habeas Corpus was created to permit the guilty to present their case in court and to be tried fairly. In today 's war on terror, the amount of such enemy combatants who were detained indefinitely without any trial has raised. The courts are split up on following the law by the letter or to practically change it according to the situation 's needs. I feel it 's necessary to follow these laws in the same context in which they were written, and the pragmatic approach leaves room for reckless changes. To deny an enemy combatant his or her day in court cannot be justified as taking the pragmatic approach in dealing with war criminals. This paper is an attempt to present the state of law today towards war criminals and the implications of denying the basic right of Habeas Corpus to suspected terrorists.…
The Right of Habeas Corpus is derived from the Latin meaning “you have the body. The meaning according to the U.S. Constitution is the right of any person to question their incarceration before a judge. The violating of this right has not been the most severe of the civil liberties granted to not only Americans but many other countries. The biggest violation of this right was when the Busch administration held hundreds of suspected terrorist from the Afghan and Iraqi terror attacks of 9/11. The first real act of Habeas Corpus comes from the passage of the Habeas Corpus Act of 1867 through 1915. At that time the court denied Leo Frank this right during a murder trial. Some other interesting evolutions of this act throughout history are Lincoln 's Suspension of the Writ of Habeas Corpus this was a historical moment for this right of the constitution. “Lincoln 's power to suspend the writ of habeas corpus was extensively explored during the Civil War, but since then his suspensions have escaped detailed scrutiny despite the controversy they provoked, their widespread and effective use to combat malignant opposition to the war, and their uncertain grounding in the Constitution.” Under the Constitution the federal government can unquestionably suspend the privilege of the writ of habeas corpus if the public safety requires it during times of rebellion or invasion. The issue is whether Congress or the president holds this power. I think this is why during the 9/11 attacks President Bush felt he could detain all those people because of this right.…
Provide examples from U.S. history of the suspension of habeas corpus and their applicability to the present.…
The term habeas corpus was first used in England in the 14th century, but didn’t become official until the 1679 Habeas Corpus Act was passed in Great Britain. Prior to the Revolutionary War, British soldiers were holding colonist without allowing them to exercise their right of habeas corpus. This was one reason that sparked the Revolutionary War. As a result, the founding fathers of America added habeas corpus to The Constitution of the United States, saying that "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it" (Article 1, Section 9) (The Columbia Encyclopedia. 2011, p.1). To this day, citizens that have been charged with a crime enjoy the right of habeas corpus, usually in federal appeals. Habeas Corpus protects the civil liberty of citizens, as it assures them a chance to be heard by the highest court in the land. In contemporary America, as it relates to the war on terror, habeas corpus has been suspended in some cases, especially…
“She seemed glad to see me when I appeared in the kitchen, and by watching her I began to think there was some sort of skill involved with being a girl.” Jean Louise Finch, or Scout, as she is referred to fondly, is a young girl born and raised in the small town of Maycomb, Alabama in the 1930’s. Her father, Atticus Finch, is a lawyer chose to defend a black man who was falsely accused of raping a white woman. This white woman made this accusation to cover up the fact that she came on to a Negro during the racist times of the Great Depression. Harper Lee creates a “timeless classic of American literature” in her 1960 novel To Kill a Mockingbird through her use of a white man defending a black man and Heck Tate’s experience of protecting Arthur “Boo” Radley to demonstrate good and bad role models.…
From the year 1780 through approximately 1815 many people in the United States were at war. While so many people were fighting for their independence the African Americans were fighting for their own freedom and independence from slavery, while being forced to fight for others freedom at the same time. Even the freed African Americans fought long and hard for their loved ones that had fallen victim to slavery. While so many people in the southern states and very few in the north were still for slavery many were hell bent against it.…
I chose to read Law and Terror by K. Anderson. What I got from this article it talked about the legislative branches have concern about the president having absolute power in times of national security wartime and how we as a nation should deal with person that pose a threat to our country safety. What are the proper steps to take so these person habeas corpus right ate not violated and not interrogated/tortured beyond reason?…