...Constitution guarantees each man his day in court, and due process. In 1863, President Abraham Lincoln suspended the Habeas Corpus, the very writ that restricted the government from unlawfully imprisoning its people for any reason, or no reason at all. During this stage of injustice, multiple people who spoke against the President's seemingly irrational behavior were arrested and jailed. Lincoln claimed that these actions were a matter of National Security. Many historians and writers alike disagree with his actions. When the Founding Fathers created the Separation of Powers, they were making a strong attempt to stop the newborn America from turning into a tyrannical empire like Great Britain. The Separation of Powers granted the Executive Branch the most power over America's armed forces, but gave the Legislative Branch the ability to declare war, splitting the powers over the military. The Judicial Branch has the ability to decide what laws or governmental actions are unconstitutional. These are quite important to keep the United States under control, and keep the President from getting too aggressive in his (or her) term. This wasn't at all how the Civil...
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...Right of Habeas Corpus POL201: American National Government Instructor: Farrell Binder October 27, 2013 The meaning of Habeas Corpus originates from a Latin word meaning “you have the body” (National Archives). It refers to the right of a person to question their imprisonment before a judge. The abuse of the right of habeas corpus has not been the most severe of civil liberties granted not to Americans only, but many other countries. The right of Habeas Corpus defends a prisoner. It gives a prisoner an opportunity to prove that their guaranteed rights to fair treatment in a trial was not given to them. The concept initially became a law in the 17th century in England when Catholics were considerate disloyal to the throne of King Charles II. It precedes the Magna Carta in 1215. It isn’t an original American concept. It became a law in the west when England parliament decreed the Habeas Corpus Act of 1679 (http://www.constitution.org). In 1861 right after the start of the American Civil War President Lincoln ordered a suspension of Habeas Corpus. It only applied to Maryland and parts of the Midwestern states. John Merryman, a Maryland secessionist, was capture by Union Troops. The Chief Justice and Supreme Court overlooked Lincoln’s order of suspension and demanded that the military bring Merryman before the court. Lincoln and the military then ignored their ruling. Chief Justice Taney governed Lincoln’s suspension unconstitutional. The first real act of Habeas Corpus comes...
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...Habeas Corpus and the War on Terrorism By Robert Hawkins POL201: American National Government Instructor: Russel Riggs March 18, 2013 The Term “Habeas Corpus” comes from the Latin term meaning "have the body". Habeas Corpus is considered to be one of the most fundamental guarantees of personal liberty. Its roots come from England and are found all throughout our history, such as the Civil War and currently the War on terrorism. The Writ of Habeas Corpus specifically refers to the right to challenge one's detention. It is also the state's ability to force someone to appear in court. By allowing an independent judge to review the basis of a person’s detention and order the detainee’s release if the grounds are unlawful, habeas corpus serves as a bulwark against arbitrary arrest, torture, and extrajudicial killings. This right, whose evolution was largely driven by historic struggles to impose limits on the power of the monarch, is today widely protected in domestic and international law. It was common in England, in the period of the conflict between Protestants and Catholics, to be held indefinitely in the Tower of London without trial. Political prisoners disappeared because they had not broken the law, but have opposed the crown's policies. When the term first came into widespread use in medieval England, a "writ of habeas corpus" was simply a subpoena. A king or local official could impose a "writ of habeas corpus" to force someone to appear and testify...
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...One of the most important issues concerning the presidency is how much power he should have in regard to what the Constitution allows. Several presidents have been criticized for surpassing what the Constitution allows, but none more than Andrew Jackson, Abraham Lincoln and Theodore Roosevelt. Andrew Jackson was hailed as a champion of the common man, however his questionable use of the veto and harsh policies led to severe criticism. Abraham Lincoln was the most divisive president in history and his stance on slavery changed the course of the United States’ history. Theodore Roosevelt was a man who believed in “speaking softly and carrying a big stick” and this stance let him get what he wanted, no matter the repercussions. Presidential...
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...Abraham Lincoln Through the course of American history there are names that stand out, names that represent more than just a person, but represent an era in American history. The list of important and influential figures in American history is too long and numerous to list. Yet there is always one name, one man who stands above all the rest. Abraham Lincoln has come to define the American experience. His beginnings as a poor farmer in Kentucky to his rise in politics to his Presidency, his story fascinates everyone who reads and studies it. Abraham Lincoln is the epitome of what America is. He is Americas most cherished and beloved President and he may be the most well-known American President in the world. Despite all the praise bestowed upon Abraham Lincoln there are those who do not buy into the ‘official’ Lincoln legacy. A small, but growing group of Lincoln detractors claim that Lincoln was not the father of freedom and liberty, the great emancipator and the savior of the union; they see Lincoln as a diabolical dictator. A man who took advantage of America in its darkest hour, a man who had no respect for the Constitution, he instead sought to destroy and undermine it every chance he got. Abraham Lincoln was President during America’s darkest hour; he saved the union and kept the country together. Lincoln was justified in the actions he took, despite attempts to paint Lincoln as a tyrannical dictator there is no question that Lincoln’s status as America’s greatest President...
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...in American history. The list of important and influential figures in American history is too long and numerous to list. Yet there is always one name, one man who stands above all the rest. Abraham Lincoln has come to define the American experience. His beginnings as a poor farmer in Kentucky to his rise in politics to his Presidency, his story fascinates everyone who reads and studies it. Abraham Lincoln is the epitome of what America is. He is Americas most cherished and beloved President and he may be the most well known American President in the world. Despite all the praise bestowed upon Abraham Lincoln there are those who do not buy into the ‘official’ Lincoln legacy. A small, but growing group of Lincoln detractors claim that Lincoln was not the father of freedom and liberty, the great emancipator and the savior of the union; they see Lincoln as a diabolical dictator. A man who took advantage of America in its darkest hour, a man who had no respect for the Constitution, he instead sought to destroy and undermine it every chance he got. Abraham Lincoln was President during America’s darkest hour; he saved the union and kept the country together. Lincoln was justified in the actions he took, despite attempts to paint Lincoln as a tyrannical dictator there is no question that Lincoln’s status as America’s greatest President is deserved and true. During his Presidency Lincoln met fierce opposition. This is not uncommon among Presidents; they are commonly held in higher regard...
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...Krystle Barrows Habeas Corpus Final Paper American National Government (GSI1326K) Instructor Kuffel July 29, 2013 Habeas Corpus is an important article written into the constitution of the United States and is considered be the “great writ of liberty”. It was not originally written for the constitution but was adopted by the framers from their original home in Great Britain. In my paper I will talk about the meaning and history of Habeas Corpus including how Habeas Corpus and our civil liberties are interpreted and treated in regards to our constitutional rights as well as when congress determines it is lawful to suspend. Habeas Corpus is a writ that was formed as Habeas Corpus Act of 1679 and is used to keep and individual from being unlawfully imprisoned. The earliest version of Habeas corpus appeared in British’s Magna Charta (a Latin phrase means “Great Charter”) in 1215. In the history of Habeas Corpus, in the United States, Presidents had used their war-time executive order power to suspend Habeas Corpus Act of 1679 and/or declared martial law in some of the cases researched. According to the article Habeas Corpus in the Columbia Electronic Encyclopedia 6th edition (2011)” the writ of habeas corpus is Latin for you should have the body”. There are two important factors that go along with its Latin meaning. First, a writ is a document in a courts name to a jailor for example, to act or not act in some way. This writ is an order by judge to see a prisoner in the...
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...Writ of Habeas Corpus Jose A. Gonzalez POL 201 Antonio Quirante September 24, 2012 Writ of Habeas Corpus Habeas Corpus demands a court to a jailer to produce the prisoner and announce the charges (Levin-Waldman, 2012). Habeas Corpus is an ancient common law that applies to all Americans and anybody in the United States at the time of their arrest. It is a legal procedure that requires a person to be brought in front after the have been arrested/ taken into custody. This is done so that the government to show cause to why the liberty of that person is being taken away and to let the person know what they are being charged with. Habeas Corpus is fundamental to American and all other English common law derivative systems of jurisprudence. It is the ultimate lawful and peaceable remedy for adjudicating the providence of liberty’s restraint (http://www.slate.com). History of Habeas Corpus The history of Habeas Corpus is an ancient law that has been used since the middle ages. It appears to be predominately of Anglo-Saxon common law origin but the exact origins are not really known. Even though the origin of Habeas Corpus is unknown it has been used in Europe for centuries. Its principle that has been used since the middle ages by various writs (http://www.slate.com). Habeas Corpus has evolved and changed a bit over the years, but it has basically remained the same. Habeas Corpus states that a person who has been arrested or in custody be brought before a court...
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...The Role of Habeas Corpus in America Jason S. Pulliam POL201 Cindy Campbell January 21, 2013 One of the founding guarantees that the United States is built upon is its right to fair court system and to be judged for any crime that you are suspected in committing. One of these rules which are considered a writ of habeas corpus is basically a law that guarantees that a person or persons that are charged with a crime in the United States shall be brought in front of a court or judge to have the case heard. And also to protect them against illegal imprisonment for the crime that is suspected to be committed. In 1215 when the Magna Carta was written by Nobles because of the abuse they were taking from the kings of their areas. It was written to set up rules to be governed by and allow the land owners to have rights under said Kings. One of these rules was. “No freemen shall be taken or imprisoned or disseized or exiled or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land” (1215). This is considered the earliest mention of the idea for what habeas corpus is built upon. In the United States in the US Constitution and the Bill of Rights amendment V states, “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in...
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...The Writ of Habeas Corpus Research Paper and Essay Charlie Potter American Government June 2, 2009 Mr. Potter PART 1 - HABEAS CORPUS RESEARCH PAPER “By this action we should call him King Lincoln I.” - Anti-war Democrats, 1863 INTRODUCTION English in origin, the concept of habeas corpus literally means “that you have the body,” meaning that the court can force the police to produce a prisoner before them for review of their case. While complex in its use, a writ of habeas corpus forms the foundation for the rights of the accused since it allows one branch of the government (the courts) to check and balance the actions of another (the police) in criminal proceedings. And yet, while habeas corpus has been maintained as a fundamental right of the imprisoned, this protection has been tampered with in our history, making habeas corpus sometimes a casualty of our desire for security during times of crisis. Constitutional Principles Several constitutional principal are expressed through habeas corpus, the foremost being checks and balances and that the accused are afforded due process. The framers of the Constitution knew that governments become abusive of the rights of citizens when there is no power to check that abuse and when the treatment of the accused is arbitrary. The use of habeas corpus is in fact one of the few constitutional rights enshrined in the main body of the Constitution instead of the amendments, and is established...
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...civilians or citizens deciding to take part in armed conflict in violation of the laws of war. For these types of people, GITMO, would be like a nation who didn’t honor habeas corpus… people would simply disappear into the prisons without ever having their day in court. (J. Weinerman 2012). War on terror, habeas corpus, and civil liberties are serious headlines and I will discuss how all of these subjects share their relationship. "Habeas Corpus" is a Latin phrase which means "you have the body." It is the right by which a person can go to court and challenge the validity of his/her imprisonment. In the Anglo-Saxon law, habeas corpus is the oldest human right. It even preceded the British Magna Carta of 1215 CE. The latter confirms the right by stating: "No free man shall be taken or imprisoned ... except by ... the law of the land." 2 This particular freedom has been in our history’s timeline for years to come. "According to Utah State Courts, habeas corpus is a civil proceeding used to review the legality of a prisoner's confinement in criminal cases. Habeas corpus actions are commonly used as a means of reviewing state or federal criminal convictions. The petitioner alleges the convictions violated state or federal constitutional rights. State habeas proceedings start in state District Court; federal habeas proceedings start in federal District Court." 1 Robert Parry of the Baltimore Chronicle wrote an article talking about how Bush and the Republican-controlled Congress...
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...The Writ of Habeas Corpus Research Paper and Essay Charlie Potter American Government June 2, 2009 Mr. Potter PART 1 - HABEAS CORPUS RESEARCH PAPER “By this action we should call him King Lincoln I.” - Anti-war Democrats, 1863 INTRODUCTION English in origin, the concept of habeas corpus literally means “that you have the body,” meaning that the court can force the police to produce a prisoner before them for review of their case. While complex in its use, a writ of habeas corpus forms the foundation for the rights of the accused since it allows one branch of the government (the courts) to check and balance the actions of another (the police) in criminal proceedings. And yet, while habeas corpus has been maintained as a fundamental right of the imprisoned, this protection has been tampered with in our history, making habeas corpus sometimes a casualty of our desire for security during times of crisis. Constitutional Principles Several constitutional principal are expressed through habeas corpus, the foremost being checks and balances and that the accused are afforded due process. The framers of the Constitution knew that governments become abusive of the rights of citizens when there is no power to check that abuse and when the treatment of the accused is arbitrary. The use of habeas corpus is in fact one of the few constitutional rights enshrined in the main body of the Constitution...
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...this significantly influenced the outcome of the conflict. Historian David Potter sees Jefferson Davis’s poor management of the war as the central reason for the South’s defeat. Although, Abraham Lincoln also had his faults, such as some initial hesitation over military issues, his political governance by comparison proved to be more effective in maintaining morale and unity. Lincoln was very gifted politician, who was able to persuade Congress and the public that his policies would bring victory. He was also flexible in his tactics and delegated jobs appropriately. His election victory might have been the spark that ignited the war, but his presidency was also responsible...
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...Habeas Corpus Melvin Gresham 30 March 2013 American National Government A writ of Habeas Corpus as the book definition has it is that of a writ (legal action) that requires a person under arrest to be brought to a judge or into a court for a hearing to basically determine they are guilty of alleged crimes or not. It is a right given to every American so they can know that they are being treated fairly and that they are being given a fair trial. I am going to discuss in my paper how habeas corpus has been taken in some cases and how I can both agree and disagree with those reasons. Habeas corpus emerged in the middle ages in England as an instrument of royal prerogative. The King of England wanted to know why any of his subjects were being detained and if they were being detained for lawful reasons or not. It was a further attempt at formalizing and streamlining the legal process that emerged as the English monarchy was trying to wrest power away from feudal lords and barons. In 1679, the right was secured in the Habeas Corpus Act of 1679, which expanded it after several previous court cases that lessened its effect and availability (Halliday, 2010). The tradition as codified by this law travelled over the Atlantic and to the New World, where it became an integral part of American legal tradition as well. It was preserved both in Article One of the United States Constitution and in the Judiciary Act of 1789 (Wert, 2011). Habeas Corpus has been around for hundreds...
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...gives us an insight into his human character. Although, strong feelings of intimacy and friendship existed between President Lincoln and Davis, he did not allow this to deteriorate his commitment to freedom of civil liberties. He was a man who, despite different views of Lincoln’s executive decisions that barred some civil liberties, maintained support for President Lincoln yet standing ground on opposing those decisions. Davis was born into a wealthy family as an orphan. He graduated from Kenyon College in Gambier, Ohio in 1832 and further studied law in Massachusetts and Yale University, graduating from there in 1835. He served as member in the Illinois House of Representatives in 1845 ; in Illinois Constitutional Convention; and as an Illinois circuit court judge. The most interesting part of his life is when he served as Abraham Lincoln’s campaign manager during the presidential election of the year 1860. It is when Davis was appointed the associate justice of the United States Supreme Court by Lincoln that he made the most important decision of his life. The court’s ruling on the case entitled Ex parte Milligan, shows us Davis’ view on civil liberties—particularly, the suspension of the writ to habeas corpus. The Ex parte Milligan case was regarding Lambdin P. Milligan and four others members who were accused, charged, found guilty and sentenced to be hanged by the military court in 1864. However, when brought to the Supreme Court, the Court ruled in favor of the case....
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