The Negative Habeas Corpus : Rough Draft

“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.

It was entirely necessary for Lincoln to limit the rights of individuals. Northerners who sympathized with the South, also called “Copperheads”, openly attacked President Lincoln and the draft in newspapers, magazines, and their words. They often shipped goods to the South. Their actions may have posed a threat to the Union and could have lead to the loss of Border States. To prevent this, Lincoln arranged for “supervised” voting, and rightfully suspended Habeas Corpus and free speech. Those who threatened the North by outwardly speaking against the Union could be jailed immediately.

Often in times of fear we believe restriction of personal liberties will keep us safe. The loss of liberty does not guarantee more safety. You can sacrifice your own liberties, but no one else can sacrifice them for you and that includes Congress. Although we are guaranteed the right of due process, there are situations that arise where due process can be suspended.

shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of

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

“Don't interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties.” Abraham Lincoln made this statement in referring to the emancipation of the slaves. Even though the statement has nothing to deal with the Fourth Amendment, or the Search and Seizure laws within the Constitution, what is stated still brings about a good point relating to the Constitution. The fact being brought out of this quote is that the Constitution’s purpose is to safeguard Americans’ liberties. Along with great points brings questions regarding the quote. Should individuals interfere with the Constitution, more specifically the amendments and rights pertaining to search and seizure laws? In today’s

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

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

POL 201 Week 5 Final Paper Civil Liberties, Habeas Corpus, and the War on Terror

"Two months after Lincoln issued the Emancipation Proclamation, one abolitionist wrote that 'to make the proclamation a success, we must make freedom a blessing to the freed.' The question of how to do so would long outlive Lincoln and the Civil War" (Epilogue, p. 361). My summary is of the fourth chapter of “The Fiery Trial” novel. In March of 1857 the Supreme Court handed down the Dred Scot decision saying that the founding fathers didn’t include African Americans in the wording of their constitution. This decision sent a ripple through the country and further divided the country over the issue of slavery. Lincoln gave his House Divided speech during the convention of 1860 and suggested that the United States should either embrace slavery in

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.