I’m a bit confused about it as I am reviewing how Lincoln suspended the writ of habeus corpus during the Civil War. Thanks!</p>
Basically it’s a guarantee that you will be tried and get the due process of law before going to jail. When a president suspends the writ of habeus corpus (which is Latin for “have the corpse” or something like that), it means that anyone can get pulled off the street and thrown in jail without a trial or anything. Used for war emergencies, although after the war, Lincoln’s actions were declared unconstitutional. You could look it up for a better definition, but for the sake of the exam, that’s about all you need to know.</p>
thanks so much!</p>
It’s technically not unconstitutional, since the Constitution says that it can’t be suspended EXCEPT in case of war or internal rebellion.</p>
i thought congress was the only one who could suspend at the time when Lincoln suspended it. thats what SC justice Taney ruled in ex parte Mulligan right?</p>
Hmmm…it is under the Article about Congress, but the clause itself does not mention Congress: it says “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”</p>
It was *Ex parte Merryman<a href=“1861”>/i</a> that stated that the President does not have the authority to suspend habeas corpus (Latin for “you have the body”). Lincoln ignored that order, just like Jackson supposedly ignored Marshall’s decision in Worcester v. Georgia. He was supported by Attorney General Bates, but not by Congress or other civilian courts. Lincoln ignored the other two branches of government until 1863, which he was finally given the authority by Congress to suspend habeas corpus. I believe that in one of the fairly recent Guantanamo cases (Hamdi v. Rumsfeld comes to mind, but check on that), the Supreme Court stood by the original decision.</p>
*Ex parte Milligan<a href=“1866”>/i</a>, which another poster appears to allude to, declared that military tribunals may not judge civilian citizens in locations where civilian courts are still operating.</p>
There are year long courses taught in law school about Federal habeas corpus, but basically it is the means by which detention can be challenged.</p>