An Analysis of the Effects of the Suspension of the Writ of Habeas Corpus and its Impact on the

American Psyche David Losinski, MacKenzi O’Bleness, Paul Busch, Casey Parsons, Jakob Bryan

Abraham Lincoln: Dancing on the lines of Presidential Power

Abuse

Habeas Corpus:A writ requiring a person under arrest to be brought before a judge or into court,

which is a writ Americans hold

DEERLY

Lincoln Suspended Habeas Corpus so he could JAM out and win the Civil War

What do you think about Abraham Lincoln’s suspension of Habeas Corpus?

Arguments Against• From Robert Taney- A president can’t

authorize military power by himself or suspend habeas corpus by himself

• Robert Taney dropped his grievance after Lincoln threaten to jail him and neutralize the supreme court

• Habeas Corpus can’t be suspended by the executive branch

• •There was no official date for the re-institution of habeas corpus •While the Constitution does allow for it to be suspended in cases of “invasion or rebellion,” but it is not an executive power. Only Congress has that power•It disturbs the balance of power by absorbing judicial power into the executive branch.•After Taney’s decision, Lincoln threatened to throw Taney in jail and dissolve the Supreme Court. Because that doesn’t sound like a leader who is going to abuse power and throw whoever in jail.

Not Cool!

STAMP OUT THE VILE BEAST!

IN LINCOLN’S DEFENSE

• It was a time of war, and would only last during rebellion

• Constitution- The privilege of the writ of Habeas Corpus shall not be suspended, unless in cases of Rebellion or Invasion, the public safety may require it…

• The people he is arresting are probably actually dangerous

• The suspended will have trials after the war

• He did use military tribunals because they acted faster than the regular courts