All documents and text associated with this activity are printed below, followed by a worksheet for student responses. Show
IntroductionIn 1862, President Lincoln issued Presidential Proclamation 94 which suspended the writ of habeas corpus. (The writ of habeas corpus is a tool preventing the government from unlawfully imprisoning individuals outside of the judicial process). Article 1, Section 9 of the Constitution states that "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." Study the proclamation below, paying particular attention to the highlighted words, to determine how Lincoln justified suspending habeas corpus. Click on "View Entire Document" to read the full document as well as a transcription. Then, using this document plus your knowledge of the Civil War and the Constitution, answer the Discussion questions. Name: WorksheetWas Lincoln's Suspension of Habeas Corpus During the Civil War Justified?Focusing on Details: SpotlightExamine the documents included in this activity and write your response in the space provided.
Your Response1 Activity ElementPresidential Proclamation 94 of September 24, 1862, by President Abraham Lincoln suspending the writ of Habeas Corpus.Page 1ConclusionWas Lincoln's Suspension of Habeas Corpus During the Civil War Justified?Focusing on Details: SpotlightRespond to the following: The Constitutional provision of separation of powers grants the Supreme Court the power to interpret laws and the President the power to enforce them. What are the constitutional implications when the President refuses to enforce Supreme Court decisions? (In 1861, in the case Ex Parte Merryman, Supreme Court Chief Justice Roger Taney had issued a ruling stating that the authority to suspend habeas corpus lay exclusively with Congress. Lincoln refused to abide by the ruling.) Did the ends justify the means in this case – Lincolns suspension of the writ of habeas corpus during the Civil War? Do you know of other historical examples of a President's hesitation to enforce a Supreme Court ruling? Your ResponseDocumentPresidential Proclamation 94 of September 24, 1862, by President Abraham Lincoln suspending the writ of Habeas Corpus.9/24/1862President Abraham Lincoln issued this Presidential Proclamation 94 suspending the writ of habeas corpus during the Civil War. The writ of habeas corpus is a tool preventing the government from unlawfully imprisoning individuals outside of the judicial process. Transcript[page 1] By the President of the United States of America, A Proclamation. Whereas, it has become necessary to call into service not only volunteers but also portions of Now, therefore, be it ordered, first, that during the existing insurrection and as a
necessary [page 2] Martial or Military Commission: Second. That the Writ of Habeas
Corpus is suspended in respect to all persons arrested, or who In witness whereof, I have hereunto set my hand, and caused the seal of the United States to be Done at the City of Washington this twenty fourth day of September, in the year
of our Lord one [signed] Abraham Lincoln. [signed] By the President: This primary source comes from the General Records of the United States Government. National Archives Identifier: 299959 Full Citation: Presidential Proclamation 94 of September 24, 1862, by President Abraham Lincoln suspending the writ of Habeas Corpus.; 9/24/1862; Presidential Proclamations, 1791 - 2016; General Records of the United States Government, ; National Archives Building, Washington, DC. [Online Version, https://www.docsteach.org/documents/document/lincoln-habeas-corpus, December 27, 2022] Presidential Proclamation 94 of September 24, 1862, by President Abraham Lincoln suspending the writ of Habeas Corpus.Page 1Presidential Proclamation 94 of September 24, 1862, by President Abraham Lincoln suspending the writ of Habeas Corpus.Page 2What did Lincoln suspend habeas corpus for?[1] Lincoln issued his order pursuant to the provision in Article I, Section 9 of the Constitution stating that "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," generally called the suspension clause.
What does it mean to suspend the writ of habeas corpus?The Suspension Clause protects liberty by protecting the privilege of the writ of habeas corpus. It provides that the federal government may not suspend this privilege except in extraordinary circumstances: when a rebellion or invasion occurs and the public safety requires it.
What is the purpose of the writ of habeas corpus?A writ of habeas corpus orders the custodian of an individual in custody to produce the individual before the court to make an inquiry concerning his or her detention, to appear for prosecution (ad prosequendum) or to appear to testify (ad testificandum).
Why was President Lincoln suspension of habeas corpus considered unconstitutional quizlet?Why was the constitutionality of President Lincoln's suspension of habeas corpus brought into question? It allowed people to be jailed without being charged before a judge.
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