Lincoln's Abuse of the Presidential Power and Why He Suspended the Writ Corpus

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Lincoln’s Abuse of the Presidential Power and why he suspended The Writ Habeas Corpus Joyce Dolford Pol 201: American National Government Instructor Teri Kuffel 11/24/2012 Lincoln’s Abuse of the Presidential Power and why he suspended the Writ Habeas Corpus Abraham Lincoln was the first 16th President of the United States serving from March 1861 until he was assassinated in April 1865. Abraham Lincoln led his country through it greatest Constitutional, Military and moral crisis. What is Habeas Corpus? Habeas Corpus is considered a cornerstone of due process of law. It means That a person cannot be detained unless they are brought in person before the court so that the court can determine whether or not the person is being lawfully held. Habeas Corpus also has a different wording but the same meaning of Habeas Corpus, it is also fundamental to American and all other English common law derivative system of jurisprudence it is the ultimate lawful and peaceable remedy for adjustificating the providence of liberty’s restraint. In the year of 1861 Abraham Lincoln suspended it first along line between New York, Philadelphia and Washington because there were riots going on in Maryland. Before the thirty- seventh congress had assembled in its emergency session of July 1861, Lincoln had exercised his powers as commander in chief to call out the militia expand the regular army, authorize agents to purchase ships and military and naval ordnance and suspend the writ of habeas corpus in certain districts. Lincoln did this because believe state courts would not punish war protestors properly. Lincoln also suspended habeas corpus without the approval of congress and no one was even consulted to see if a violation of an important civil liberty was worth suspending. Lincoln Abuse of the Presidential Power and why he suspended the Writ Habeas Corpus As

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