Habeas Corpus Suspension Act (1863)

From Wikipedia, the free encyclopedia
Jump to navigation Jump to search

Lincoln's suspension of the Writ of Habeas Corpus.

Since the end of the Civil War, historians have constantly reviewed Abraham Lincoln's suspension of the writ of habeas corpus. Habeas corpus is stated in Article 1, Section 9 of the constitution as follows: "the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion and invasion the public safety may require it...", and is sometimes referred to in short as "the suspension clause."

The writ in essense requires that when arrested, a person has the right to be brought before a court or governmental judge to determine that there is a means to secure a person's release unless there are lawful grounds presented by the arresting authorities to justify detention of the accused.

Lincoln's suspension of habeas corpus during the Civil War has been studied by historians from the time of the civil war and has not ceased until today with the subject of constitutional validity of the suspension. More specifically, the question of whether the power of suspension rests with the President or with Congress.

Sources:

https://quod.lib.umich.edu/j/jala/2629860.0029.205?view=text;rgn=main https://en.wikipedia.org/wiki/Habeas_corpus