How Should We Treat Non American Prisoners

In order to protect the nation, President Lincoln was entirely justified in suspending rights during the wartime situation. The North would have had no chance of victory over the Confederacy’s superior military had Lincoln not supported our small, inexperienced army. It was also crucial that the President kept the slave-holding Border States to be able to lure the

An American’s civil liberties are among some of the most important rights awarded to a citizen. After 9/11 some of those liberties were taken away by the expansion of executive power, the National Security

Throughout American history, the writ of habeas Corpus has been the basis of the legal system of the United States, meant to preserve civil freedoms. Habeas corpus established a constitutional check on any dictatorial power that tried to present itself. It allowed any individual that was arrested to stand in front of the court to challenge whether they were being imprisoned according to the law of the land, ensuring their civil liberties weren 't threatened; however, only in times when the stability of a country was threatened could it be temporarily suspended. President Lincoln came into office in 1861 and by the

"So when Lincoln suspended the writ of Habeas corpus in order to arrest those accused of treason, the "Peace Democrats" had more ammunition against the president. There was much controversy as to whether the president had the power to suspend habaes corpus, and it was argued that only Congress had that right. The writ of habeas corpus protects people from arbitrary arrest and detainment. The power to do so was both that of the legislative branch as well as the judicial branch. It was unclear whether the Philadelphia convention placed it in Article I, just to identify it or define it as a legislative function. Either way, Lincoln did so, and the suspension of the writ of Habeas corpus brought on thousands of arbitrary arrests. Many of those who were arrested were spies, foreigners and smugglers. The question is: Did Lincoln go too far and unlawfully exercise his executive powers to manipulate constitutional limits?

The Writ of Habeas Corpus states 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" (U.S. Constitution. Art. I, Sec. 9). In simpler terms, this means that the government, or its officials, is forbidden to arrest a citizen without allowing the case to be presented to a judge or court. The dictionary defines a writ as "a form of written command in the name of a court or other legal authority." Since the signing of the Magna Carta in 1215, Habeas Corpus has been a pillar of law in America ("FAQs: What Is Habeas Corpus."). It

Lincoln’s decision in regard to suspension of habeas corpus is best understood from the perspective of the civil war. After secession of Virginia from the Union in April 1861, Maryland was the only option available for communication, transport, troop movements and supplies to Washington DC, the country’s capital. Because the railway ran through Baltimore, which was a difficult city to deal with, and Maryland’s support could not be taken for granted President Lincoln closely monitored its legislature session and also ordered many members to be arrested. Lincoln’s main objective was to keep the transport and communications routes through Maryland functioning, which was the main reason for his issue of presidential executive order in regard to Suspension of the Writ of Habeas Corpus (Dueholm, 2008).

Under Article 1, section 9 of the constitution ‘the writ of habeas corpus shall not be suspended unless when in cases of rebellion or invasion, the public safety may require it.’ Habeas Corpus is the name of a legal action, or writ, through which a person can seek relief from unlawful detention of themselves or another person. Although many people may state that the bombing of Pearl

1. The general meaning of the right of habeas corpus in the U.S. Constitution and its relationship to the protection of other civil liberties.

Abraham Lincoln suspended habeas corpus after the Ex parte Merryman case. John Merryman was arrested for attempting to hinder Union troops from moving from Baltimore to Washington during the Civil War. His attorney sought a writ of habeas so that a federal court could examine the charges. Abraham Lincoln, at that time, decided to suspend the right of habeas corpus. Judge Roger Taney then ruled that President Lincoln did not have the authority to suspend habeas corpus. Later, it was determined that only Congress was allowed to suspend habeas corpus and civilians were not subject to military

27. Habeas Corpus is the right for an individual not to be held in jail for more than 48 hours w/o a formal charge. Lincoln suspended this right during the war to lock up people who

“The Warren Court’s decision to expand federal habeas corpus helped fuel the criminal justice revolution of the 1960’s” (Stephens & Scheb II 2012,2008,2003). Habeas corpus is Latin for “you have the body” and the writ of habeas corpus is a “judicial order issued to an official holding someone in custody, requiring the official to bring the prisoner to court for the purpose of allowing the court to determine whether that person is being held legally” (Stephens & Scheb II 2012,2008,2003). For example in the case of Fay v. Noia (1963) a prisoner appealed to a federal district

A case concerning executive actions that suppress civil liberties. President Lincoln gave his military commanders powers to arrest civilians suspected in engaging in traitorous activates and ordered them to be tried in military courts. But, in location where there were not hostilities occurring, the army had no legal authority to arrest these individuals. Additionally, before civilians could be tried in military courts, martial law had to be declared and habeas corpus had to be suspended. Article I Section 9 allowed the for the suspension of habeas corpus only in cases of rebellion or invasion for public safety purposes by the legislature. Lambdin Milligan was an attorney in Indiana who was sympathetic towards the

The Patriot Act has voided many right granted by the Bill of Rights; the Fifth Amendment grants the right to due process and freedom from being held without charge and the Sixth Amendment grants the right to legal representation. In the United States Americans are now being held in jail without a formal charge and without the ability of confronting the witness. Under the Fifth Amendment every person is afford the right to due process. For example, Albador Al-Hazmi was an American Citizen who was held incommunicado for days as a material witness (p.131). Hazmi was denied due process and also held without representation of an attorney. The Sixth Amendment under the Patriot Act denied American’s legal representation for months and legal conversation

Wainwright case was when a man, Clarence Earl Gideon was convicted of felony in Florida state court: broke through and illegally went into a poolroom with the objective to commit a misdemeanour offence. He went to court without a lawyer and requested that the court appoint him one. However, Florida state law states that an attorney may only be appointed to a low in poverty defendant in capital cases, as a result the trial court didn’t appoint. Now, he had to represent himself in trial. He was sentenced to five years in prison after confirmed guilty for felony. In the Florida Supreme Court Gideon filed a habeas corpus petition that argued that the trial court’s decision contravened his rights to be represented by counsel. In response to this action, habeas corpus relief has been denied by the Florida Supreme

On September 15, 1863 President Abraham Lincoln temporarily suspended Habeas Corpus, which is the right to due process. Anyone who was a confederate sympathiser or spoke out against the war were arrested, put in jail and weren 't given a trial until after the war was over. Lincoln suspended Habeas Corpus because he wanted to suppress dissenters to strengthen the War effort. More than 13,000 civilians in the Union were arrested under martial law throughout the War. Lincoln viewed his action as justified since he believed the country was in a time of crisis.