Essay on Presidential Power in a National Crisis

“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

“When war is thrust upon the nation, the President had not only the authority but the responsibility to ‘resist force by force.’” –U.S. Supreme Court ruling of the Prize Cases, 1862 (67 U.S. 6335).

With the Civil War in full swing in 1863, President Lincoln was grappling with a nation divided. Long-standing racial turmoils had finally boiled over in 1861 with the battle of Fort Sumter. The country had been thrown headfirst into bloody battles, culminating most recently with the infamous Battle of Antietam. Antietam allowed the president to issue the most important document of his career with a narrow Union “victory”and an attempt to boost low spirits. As a result, the North secured an advantage when Lincoln announced his intent to free all Confederate slaves with the shocking Emancipation Proclamation. Determined on securing and protecting the Union, Lincoln took a pragmatic approach in issuing the controversial document. A defining moment in American history, it is essential to investigates the reasons and acts leading up to it, the responses it elicited from the nation and the world, and its effects on the country.

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

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the

The article I chose for this assignment was Power and the Presidency, From Kennedy to Obama written by Robert Dallek. I found this to be a very interesting article. This article is tied in with this week’s chapter because this week’s chapter was on the president. This article was on the increases in power of the executive branch. I learned more about the increase in power in the office of the president and how it has changed over time. I learned that the President’s control over foreign affairs has been growing since the Theodore Roosevelt administration. I learned Kennedy greatly expanded the power of the presidency particularly in the area of foreign affairs. I learned that by the early 1960s, the president had become the principle architect

"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?

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).

Congress eventually took this a step further in 1862, by enacting an article of war that forbid army personnel from returning slaves to owner's who were using them in the South's war effort. This step further showed the nation that Lincoln was attempting to make this war not just about secession, but freedom. During 1862, many Republicans were set in their belief that the war must now be against slavery and freedom, instead of just secession.

Four and a half months after the Union defeated the Confederacy at the Battle of Gettysburg, Abraham Lincoln delivered the Gettysburg Address on November 19, 1863. He gave the Union soldiers a new perspective on the war and a reason to fight in the Civil War. Before the address, the Civil War was based on states’ rights. Lincoln’s speech has the essence of America and the ideals that were instilled in the Declaration of Independence by the Founders. The sixteenth president of the United States was capable of using his speech to turn a war on states’ rights to a war on slavery and upholding the principles that America was founded upon. By turning the Civil War into a war about slavery he effortlessly ensured that no foreign country would

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.

The views of the presidency by the first sixteen presidents varied widely but all of their actions set precedents for their successors to use, expand, or even curtail the power of the office. Some believed in the Whig theory of strict adherence to the constitution, while others believed the president was the steward of the people with a loose interpretation of it. The power of the office expanded through the years, however it only expanded as far as the public and congress allowed.

The presidency of the United Sates of America has been an evolving office since the term of our first president, George Washington. This evolution has occurred because of the changing times and the evolution of society itself, but also because of the actions of the men who have become president. Starting in the 20th century, most have referred to the presidency as the modern presidency due to changes in both a president's power and the way that the office itself is viewed. As the office of the president has evolved so has who can become president evolved. Yet, even today there are certain individuals who because of their gender or race have yet to hold the office of the presidency. The men that

“The rights of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation,..”