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The Irony Of The Writ Of Habeas Corpus

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Recommended: Merits and demerits of separation of powers

Abe Lincoln advocated for a stronger executive branch during his career, which makes sense when taking into account that Lincoln’s presidency was defined by the Civil War and Reconstruction era before his assassination in 1865. The southern states had already began seceding from the Union by the time Lincoln had become president. Lincoln began to respond even before actual fighting broke out in the south. At first, Lincoln suspended the writ of habeas corpus in Maryland as a way of securing safe travel for the military from the northern states to the capital . Eventually, President Lincoln either suspended the writ of habeas corpus by a direct order or authorized military commanders to suspend habeas corpus in various parts of the United States …show more content…

The act of suspending the writ of habeas corpus is listed under Article I of the Constitution, the article dedicated to creating, empowering, and limiting Congress. Article I, Section 9 says specifically that “the Privelege of the Writ of Habeas Corpus shall not be suspended, unless in Cases of Rebellion or Invasion the public Safety may require it .” The idea of departmentalism is that all three branches can interpret the Constitution in light of their own powers. However, the idea of separation of powers means that each branch has its own individual powers and responsibilities as a fundamental part of the federal government. It follows that each branch must interpret the Constitution according to their own duties and powers. Lincoln crossed the line from Executive powers into the Legislative powers. Suspending the writ of habeas corpus is a lawmaking activity which falls under the legislative …show more content…

Powell points to separation of powers as his reasoning. He states that Congress has “as much right to delegate [the power to suspend the writ of habeas corpus] to one of the judges of the Supreme Court or to any other individual… as we have to delegate to the President of the United States ” since the power is specific to Congress alone. In fact, Powell points out that even if the president could suspend habeas corpus, there is no good outcome from arresting a citizen of the United States . The writ of habeas corpus only stops the court from forcing the government to put the prisoner being held on trial. The suspension of the writ does not give the federal government the authority to arrest non-military citizens in the first

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