ipl-logo

The Irony Of The Writ Of Habeas Corpus

866 Words4 Pages
bulb-icon

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

Show More
Related
797 Words | 4 Pages

It states in Article I, Section 9 of the constitution that “the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion

Read More
1538 Words | 7 Pages

In Federalist No. 78, Alexander Hamilton lays out his vision for the Supreme Court of the United States. In this essay, Hamilton explains that the court should function as a “bulwark against majoritarian excesses” (O’Brien 181). His intension was for the court to protect the rights of the minority of the people against the tyranny of the majority. Hamilton makes the assurance that the court will use separation of powers as a “check” on Congress in order to protect against popular will (O’Brien 22). To accomplish this, the court had to function as an independent body in order to “safeguard” against the will of the majority and “occasional ill humors in the society” (O’Brien 349).

Read More
747 Words | 3 Pages

Abraham Lincoln’s vs Andrew Johnson’s Reconstruction Plan Lincoln shared the uncommon belief that the confederate states could still be part of the union and that the cause of the rebellion was only a few within the states which lead him to begin the reconstruction in December of 1863. This resulted in plans with lenient guidelines and although they were challenged by Wade-Davis Bill, Lincoln still rejected his ideas and kept his policies in place. Lincoln also allowed land to be given the newly freed slave or homeless white by distributing the land that had been confiscated from former land owners however this fell through once Johnson took office. After Lincoln’s death when Johnson was elected many things started to turn away from giving blacks equal rights and resulted in many things such a black codes which kept newly freed slaves from having the same rights as whites. When Lincoln first acted after the civil war, he offered policies that would allow the confederate slaves to become part of the union again and would allow a pardon for those states.

Read More
457 Words | 2 Pages

Alexander Hamilton longs to compare the judicial to the other branches of government and, based on his findings, concludes that the judicial branch therefore is the least harmful to the rights of the Constitution. He says it has “neither Force nor Will but merely judgment”. This makes the judicial branch seem weak because with his statement, Alexander Hamilton connects the executive branch have the authority of ‘force’ being that it allows decision making within the courts. Alexander Hamilton also relates the ‘will’ to the cannot stand as activist based on the legislative branch. I agree with Hamilton on his opinion of how the judicial branch strands distinct from the others because it is in fact true to that the legislative and execute branches hold more weight in causing more danger to the rights of the Constitution than the

Read More
864 Words | 4 Pages

This established an example of Judicial review done by the Supreme Court. Section 7 of Article I of the Constitution gave the President the ability to veto a bill, but it also gave Congress the ability to discard the President’s veto. Marshall was the one who gave the Supreme Court the ability to discard laws that were passed by Congress and the President. This was implied in the Constitution. This is the only place in the entire Constitution that the abilities of Judicial review are talked

Read More
1201 Words | 5 Pages

Theodore Roosevelt was thrust into the presidency after William McKinley was assassinated on 6 September 1901 while attending the Pan-America Exposition. Roosevelt assured McKinley supporters that he would adhere to his policies, as well as keep the current cabinet. Nonetheless, Roosevelt sought to position himself as the country’s undisputed leader, wanting to bolster the role of the president and ready himself for the upcoming election. Sometime later in his first term as president, Roosevelt set a lofty goal; create a canal in Panama. The series of events that followed are what gained Roosevelt some of the most criticism in his career.

Read More
990 Words | 4 Pages

In conclusion, all of Lincoln`s “controversial” decisions was to keep the union together. Its all justifiable even though these actions were technically an abuse of presidential power. It can be argued that he abused the power of the presidency when he suspended the Writ of Habeas Corpus and upheld the Declaration of

Read More
1079 Words | 5 Pages

During the Civil War, Abraham Lincoln was the president, and therefore the Commander in Chief of both the Army and Navy. He led the Union to victory against to Confederates to win the Civil War, but while doing so he made many decisions that were unconstitutional. The emancipation proclamation went directly against the fifth amendment, suspending habeas corpus was not within his powers, and military tribunals that he set up should not have been allowed to try citizens in place of normal courts. The Emancipation Proclamation directly went against the Constitution, along with being just plain hypocritical.

Read More
169 Words | 1 Pages

The overall construction of the Constitution designates that Congress may not direct State officials: “The Framers explicitly chose a Constitution that confers upon Congress the power to regulate individuals,not States.” It is the President's job, under the Constitution, to oversee execution of federal laws, but “The Brady Act effectively transfers this responsibility to thousands of CLEOs in the fifty States, who are left to implement the program without meaningful Presidential control”. However, Justice John Paul Stevens argued that the majority opinion misinterpreted Congress's power under the Constitution. Congress may not wrest the powers that the Constitution reserves to the States, but when it exploits its legitimate constitutional powers,

Read More
249 Words | 1 Pages

The Supreme Court did not share Lincoln’s opinion. Especially, the Chief Justice Roger Taney who, in his role as the federal circuit judge, ruled that Lincoln’s suspension of Habeas Corpus was unconstitutional in a decision called Ex Parte Merryman. He did so after his recommendation for a trial of Merryman in order to determine if there were any legitimate reasons for his arrest met if refusal form Merryman captors. In the end, The President ignored Taney ruling, and Congress never contested Lincoln’s Habeas Corpus decision. Lincoln also met with strong resistance form the general public in regards to his executive order.

Read More
812 Words | 4 Pages

In the case of Marbury v. Madison Chief Justice John Marshall utilized his power in a legal but cunning way to alter the balance of power between the legislative, executive, and judicial branches of government. Justice Marshall used his opinion in the courts to manipulate the Constitution, creating what we know as judicial review. Because the Constitution does not explicitly state what judicial review is Justice Marshall is known for creating it. In an effort to resolve the case, Justice Marshall answered three questions supported by strong arguments. The wide acceptance of his doctrine created judicial review-- the Supreme Court’s ability to uphold or deny the constitutionality of congressional or executive actions.

Read More
1844 Words | 8 Pages

Furthermore, Lincoln knows that his duty is to prevent a Civil War in America. He claims that he will use his power as president to keep the United States of America united. In another source, the authors write, “ The North’s victory in the Civil War strengthened the power of the federal government over the states. It also transformed American society by finally ending the enslavement of millions of African Americans” (277). This quote shows how Lincoln affected America after the Civil War.

Read More
250 Words | 1 Pages

Although numerous researchers trusted this to be one of Lincoln's more regrettable choices in his administration. Abraham Lincoln's suspension of habeas corpus was utilized in a desperate time to save the union and it was protected under Article 1,section 9 of the Constitution. This paper will contend that Abraham Lincoln's suspension of habeas corpus. “After Virginia withdrew from the Union on April 17, 1861, the main lines for overland supplies, troop developments, transportation, and correspondence to Washington, D.C., went through Maryland, with the railways going through Baltimore. Baltimore was a harsh city for the Union, and Maryland a dubious ally.

Read More
828 Words | 4 Pages

“As president, Lincoln could issue no such declaration; as commander in chief of the armies and navies of the United States he could issue directions only as to the territory within his lines; but the Emancipation Proclamation applied only to territory outside of his lines,”This quote shows how Lincoln could not issue a declaration like that because of his position as Commander in Chief he could only do so much of the armies and navies of the U.S. “The Emancipation Proclamation did more than lift the war to the level of a crusade for human freedom. It brought some substantial practical results, because it allowed the Union to recruit Black soldiers,” It helped people of color get out of slavery but they did have to help fight in the civil war. “Emancipation would redefine the Civil War, turning it from a struggle to preserve the Union to one focused on ending slavery, and set a decisive course for how the nation would be reshaped after that historic conflict,” The Civil War helped end slavery and it also helped decide what our nation today would turn out like in the future. The Emancipation Proclamation that Lincoln created only freed so many slaves in the long run but did help out to end

Read More
741 Words | 3 Pages

Robert Isenhour Federal Government 110 10/10/17 Judicial Review Judicial Review had been obsolete until 1803 when the need for it arose in the case of Marbury vs. Madison, where it was then found to become a new component to the Judicial Branch. I am here to discuss why judicial review is and shall remain a doctrine commonly used in constitutional law. Judicial Review is the power for courts to review other government branches to determine the validity of its actions whether it be constitutional or unconstitutional. These ‘acts’ can be described as legislation passed by congress, presidential orders and actions, or all state and local governmental actions.

Read More

More about The Irony Of The Writ Of Habeas Corpus

Related Topics

Open Document