Habeas Corpus Thesis

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Reagan Hood

The Suspension of Habeas Corpus

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9/15/16

Habeas Corpus is a writ requiring a person under arrest be brought before a judge into court to secure the person’s release, unless lawful grounds are shown for their detention. On April 27, 1861 Abraham Lincoln suspended this writ during the American Civil War. habeas corpus is a very important legal principle. It being included in the main body of the Constitution shows how important this was to the framers of this country. Getting rid of it means that anyone can be arrested and not get a chance to go before a judge. The suspension…. Thesis Statement.
The suspension of habeas corpus is addressed in Article I, Section 9 clause 2. From this, Lincoln assumes that
In Article I , Section IX of the U.S Constitution it says, “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”(). They argue that the president was fearful for the American people’s safety, so he suspended the writ. This argument is incorrect because the Constitution does not specify whether the congress or the president holds this power. He over ruled the legislative branch and exceeded his powers. Many believe that the constitution in many places gives the power to the congress. It was wrong for President Lincoln to assume that it was in his power to suspend the writ without the consideration of the
His assumption that the Constitution “is silent as to which, or who, is to exercise the power” of suspending habeas corpus is contradicted and it is proved that President Lincoln was in complete error.

Works Cited
"Article I." LII / Legal Information Institute. N.p., n.d. Web. 12 Nov. 2016. .
"Civil War Era." Teaching American History. N.p., n.d. Web. 12 Nov. 2016. .
Costly, Andrew. "Lincoln and the Writ of Liberty - Constitutional Rights Foundation." Lincoln and the Writ of Liberty - Constitutional Rights Foundation. N.p., n.d. Web. 12 Nov. 2016. .
"Lincoln's Suspension of the Writ of Habeas Corpus: An Historical and Constitutional Analysis." Dueholm, James A. Michigan Publishing, University of Michigan Library, n.d. Web. 12 Nov. 2016. .
"A Proclamation on the Suspension of Habeas Corpus, 1862." The Gilder Lehrman Institute of
American History. N.p., n.d. Web. 12 Nov. 2016. .

"The Withered Writ." The American Prospect. N.p., n.d. Web. 12 Nov. 2016.

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