Civil Liberties, Habeas Corpus, and the War on Terror Essay

1860 Words Feb 4th, 2013 8 Pages
Civil Liberties, Habeas Corpus, and the War on Terror
Jennifer Proctor
POL201: American National Government
Instructor: Luke Martin
10/29/12

Habeas Corpus has been around for very many years. Although no one knows its exact origin it still dates back pretty far. Habeas Corpus has been seen as a good thing and a bad thing. It has been around for every war we have had. It has also been suspended by two of our presidents in the past. The story and history of Habeas Corpus is a very old one but it is also a very interesting one too.

Habeas corpus, a Latin term meaning "you have the body," an important right granted to individuals in America and refers to the right of every
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The Chief Justice and Supreme Court ignored Lincoln’s order of suspension and requested that the military bring Merryman before the court. Lincoln and the military then ignored their ruling. Chief Justice Taney ruled Lincoln’s suspension unconstitutional. September 24th 1862 Lincoln issued a proclamation suspending the writs of Habeas Corpus nationwide. It also specified whose rights would be suspended, and it read; "Now, therefore, be it ordered, first, that during the existing insurrection and as a necessary measure for suppressing the same, all Rebels and Insurgents, their aiders and abettors within the United States, and all persons discouraging volunteer enlistments, resisting militia drafts, or guilty of any disloyal practice, affording aid and comfort to Rebels against the authority of United States, shall be subject to martial law and liable to trial and punishment by Courts Martial or Military Commission:" "Second. That the Writ of Habeas Corpus is suspended in respect to all persons arrested, or who are now, or hereafter during the rebellion shall be, imprisoned in any fort, camp, arsenal, military prison, or other place of confinement by any military authority of by the sentence of any Court Martial or Military Commission." (Robert Longley, 2012)
In 1866 after the American Civil War had ended the Supreme Court officially and fully restored Habeas Corpus throughout the entire nation. That would not be the first time a president would
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