Research the suspension by Abraham Lincoln of writ of habeas corpus during the Civil War. Discuss whether the results were effective at achieving the goal of the decision.

(Answers may vary.)

I researched what “writ of habeas corpus” means and what Abraham Lincoln did by suspending it during the Civil War.

A writ is a court order. The order has the authority to force someone to do something. Habeas corpus is Latin for “that you have the body.” A writ of habeas corpus is a court order that demands that a person appear in federal court if their conviction in a state court is being reviewed. It may be reviewed to check the legality of their detention, arrest, or imprisonment. The purpose of the writ of habeas corpus is to protect citizens from being detained illegally.

The writ is based on Article I, Section 9, Clause 2 of the US Constitution, which says that the writ “may not be suspended unless in Cases of Rebellion or Invasion the public Safety may require it.”

At the beginning of the Civil War, President Abraham Lincoln suspended the writ of habeas corpus. Estimates vary widely; however, somewhere between 10,000 and 38,000 people were held without habeas corpus hearings during this war. Lincoln even allowed civilians to be tried by military courts.

Lincoln did face a crisis during this period. However, many people were held in camps, military prisons, and arsenals, and charges against them were vague and indefinite. Some people were even executed for their alleged crimes under a system that would not have been in place in peacetime.

Many lawyers and other citizens felt Lincoln did not have the authority to suspend the writ. They felt only Congress has that power, not the president. However, Congress did eventually back up Lincoln’s decisions.

The view that Lincoln overstepped his authority is based on Article 1, Section I, which says that “All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”

Unfortunately, under Lincoln’s order, many people suffered imprisonment without proper charges or civilian trials. This result was not helpful to winning the war.

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