Lincoln’s Presidential Executive Order - Suspension of the Writ of Habeas Corpus

“It is an ancient English legal concept that empowers judges to order imprisoned persons to be brought into core to determine if they are being legally held” (Lincoln and the Writ of Liberty). This quote comes from “Lincoln and the Writ of Liberty” showing how the writ of habeas of corpus allows a fair trial for all criminals. The Constitution and Bill of Rights includes accused persons the right to fair and speedy trial, a jury of peers, and protection from cruel or unusual punishment. “On September 24, 1862, Lincoln issued a proclamation unprecedented in American history. He suspended the writ of liberty everywhere in the United States. The suspensions applied to Confederate spies or to those who aided the rebel cause, interfered with military enlistments, resisted the draft, or were ‘guilty of any disloyal practice” (Lincoln and the Writ of Liberty). Mrs. Surratt was accused to be an aid in the rebel cause and the suspension of the writ of liberty affected her trial immensely. Mary Surratt’s execution was not equitable because she did not have access to the basic rights given to U.S.

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

Executive power is vested in the office of the President of the United States. The President has the dual role of being the chief of state and the head of government. The President is also commander in chief of the armed forces. He issues executive orders, and appoints Supreme Court justices (with senate approval). The president is also called "the chief legislator" because he indirectly proposes many bills, considers all bills from Congress and signs them into law or vetoes them.

Executive order is a rule or order issued by the president to an executive branch of the government and having the force of law. Executive Order (EOs) were used since President George Washington but were not mandated to be publicly released until 1900. To date, there have been thirteen thousand eight hundred and seven executive orders. Many argue that these orders are unconstitutional as it gives one-person authority to make changes without consequences and without the consent of Congress. The term executive order is not a principle found within the Constitution. EO is derived from Article II, Section I of the Constitution in which it states, “the executive Power shall be vested in a President of the United States of America”. The term executive power was never defined, leaving it open to the interpretation of each president. That statement coupled with Article II, Section III “he shall take Care that the Laws be faithfully executed” has been the backbone of how presidents have been able to create these orders.

An example of a presidential executive order which congress did not authorise would be Abraham Lincoln’s Emancipation Proclamation.

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

In order to understand rights and liberties during wartime situations, some background information needs to be addressed and explained. This paper will explain the definition of habeas corpus and the role of the Judicial, Legislative and Executive Branches of government during wartime and conflicts, how the President will sometimes take matter into his own hands.

Article ll of the United States Constitution gives the executive branch very broad powers. Many Presidents throughout history have interpreted that differently. They may think that they are able to sign bills into law directly, take military action, etc. One example of this use of power was Abraham Lincoln. We see examples of this in the Emancipation Proclamation and the suspension of habeas corpus.

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

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.

Although nowhere in the Constitution are executive orders explicitly mentioned, Article II, Section I states that “The executive Power shall be vested in a President of the United States of America.” The President’s power to issue executive orders comes from the Constitution and Congress. Executive orders have the full force of law when they take authority from a legislative power, which grants its power directly to the executive by the Constitution; executive orders do not require congressional approval. Similar to legislative statutes and regulations propagated by government agencies, executive orders are subject to judicial review, meaning that they can be struck down if deemed unconstitutional by the courts. Executive orders are not to be confused with executive agreements. Executive order carries out constitutional powers of the President without having to go through Congress. An executive agreement is an agreement with foreign heads of state concluded by Presidents under their power as Commander in Chief and their general authority in foreign affairs; executive agreements do not require ratification by the Senate. Examples of executive agreements include trade deals and military actions.

Throughout the course of American history, executive power has grown due to the increasing use of executive orders among presidents. Executive orders, also known as unilateral powers, allow a president to act on their own and overstep the process of a bill passing through the House and the Senate. As an

Restriction of Habeas Corpus limits the destructive capabilities of social and political rebellions. On July 4th 1861, President Lincoln addressed congress in regards to the necessity of Habeas Corpus. "We have a case of rebellion, and the public safety does require suspension of the writ. Now it is insisted that Congress, and not the Executive, is vested with this power. But the Constitution itself, is silent as to which,