The 19th century was a time defined by the enormous rift that caused the Civil War, the emancipation of the slaves, and the leadership that Abraham Lincoln took to keep the Union intact. These events not only altered the way that the American government system, but also completely changed the way presidential powers were viewed. During the time of the Civil War, President Abraham Lincoln’s decision on restricting the writ of habeas corpus clearly violated both the Constitution as well as many of his given executive powers.
The Civil War was a tricky time for the government because of the clear split between the North and the South. Many people had believed that the United States would remain separated forever. It was without a doubt one of the first wars that the civilians were feeling the most dramatic shift. The internal opposition caused there to be a lot of pressure on both sides to be as loyal as possible and also caused radical changes in lifestyle. In comparison to the north, the South faced much more economic problems and because the South was less equipped. Their civilians had to work even harder in order to keep up with their taxes, supply donations and be able to afford
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Ultimately it wasn’t added, but it is important to understand that the Committee at the Constitutional Convention moved the clause from its original spot in Article III, which deals with the judicial branch, to Article I, which deals with the legislative branch. This suggests that the suspension of habeas corpus is a power that the legislative power obtains. (heritage.org habeas) According to Cornell Law School, “The Executive does not have the independent authority to suspend the writ”. Therefore, Lincoln overstepped his powers by suspending the writ of habeas corpus and by doing so, he caused an unstable relationship between himself and