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habeus corpus

A Confederate Soldier, on leave from war, was captured, imprisoned and denied any right to a trial. Though summoned by the Chief of Justice of the United States of America, John Merryman, by right of Habeas Corpus was denied a trial (Britannia Sec.1). In 1679 the incorporation of Habeas Corpus was granted to all citizens, authorizing judges to review a court case for all imprisoned perpetrators. At the outbreak of the Civil War President Abraham Lincoln repealed the original writ of Habeas Corpus and suspended the right stating that it could be revoked "in a case of rebellion or invasion if the public safety may require it"(Britannia sec.1). Through years of examining the United State's government in school, I never fully understood the proceedings and the rights to a fair trial. After reading Habeas Corpus, an article reviewing the changes of the writ, I realized what might seem fair and honest never truly is. This article stunned and intrigued me. I was able to connect Lincoln's alteration of this writ to that by President Roosevelt and in 1996 by President Bill Clinton (A.PA9).

William Rehnquist, author of, "All Lies But One", believes that Abraham Lincoln had an obligation to suspend the right of Hab


"All Laws But One" critiqued the formalities for depriving American's of their civil liberties, but is there ever a time when this act is justifiable? Through the research of this paper I do not believe there is any justification for denying anyone his or her inalienable rights, contrary to the United States Constitution. The degree of deprival may vary, but justice must be granted. Unless clarity is brought to the writ oh habeas corpus than history will continue to repeat itself. Who knows, someday we may be the ones ineligible for our individual liberties and freedom.

eas Corpus in 1861 at the offset of the Civil War, as did Franklin D. Roosevelt during World War II. "I would have agreed with his [Lincoln] view as to suspending the writ of habeas corpus, I think, because that seemed to be a real threat to the union"(Gergen 3). I both agree and disagree with Rehnquist's statements and beliefs. Abraham Lincoln and Roosevelt had justifiable motives for suspending the law, but should have submitted the proposition to congress for final authorization. I believe President Bill Clinton enacted to same proposition, but altered the formality of it. The Death Penalty and Public Safety Act of 1996 was proposed by the congress and finalized by the president after proper procedure had taken place (A.P. A9). This bill altered the writ of habeas corpus yet one more time, changing history once again.

Reinquist added that an overly kind person could not successfully fill a presidency: "You don't want someone who is constantly kind and overly cautious in a situation like that. You want someone who has balance"(Gergen 1). Here he is speaking abou

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Approximate Word count = 1109
Approximate Pages = 4 (250 words per page double spaced)


  

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