was Lincoln within his rights to suspend habeas corpus? Why?
2007-01-15 11:31:47 · 7 answers · asked by Sadie 2 in Politics & Government ➔ Other - Politics & Government
There is still debate at to whether Lincoln had the right to suspebd Habeas Corpus but thte fact is he suspended it and was never challenged in court on it. He beleived that in a time of rebellion the president had to do whatever it took in order to save the union. Lincoln used the Whiskey Rebellion as precedent when Washington put down an uprising in Penn.
I believe Lincoln overstepped his authority in suspending the Writ. It is a fundamental right extended to all Americans to be charged with a crime and have his day in court. The supreme court never made a ruling so there will always be dabate. Because D.C. is so close to what was then Southern sympathizers, I understand his thinking.
2007-01-15 11:43:56 · answer #1 · answered by Brian G 2 · 0⤊ 0⤋
Yes. Because part of the United States was in enemy hands and the Government was not functioning there. It was war !
habeas corpus was suspended but only suspended. He could not try civilians in military courts if the courts were up and operating in Union territory.
Look up Ex Parte Milligan
Lincoln did not win the case.
The traitor was in Union territory. Military trial was unneeded. He could have been charged all right but he was entitled to a trial.
Also : The Prize cases ( related issue of presidential power)
2007-01-15 11:35:48 · answer #2 · answered by John16 5 · 2⤊ 0⤋
I don't think he was. We are a country based upon rights. To take our rights away makes us no better than any two-bit fascist state.
However, I will concede that if there ever was a time when Habeus Corpus could be suspended, it's during a bloody civil war within our own borders.
2% of the entire population died in the Civil War. Devastating.
2007-01-15 11:45:16 · answer #3 · answered by Anonymous · 0⤊ 1⤋
Nope! It was big mistake and a violation of law and of human rights. I think if you were to ask Lincoln today about that...he would have probably regretted that action. There has to be some ground level in an enlighten society to where the government can't sink to subvert its population.
2007-01-15 11:37:24 · answer #4 · answered by Laughing Man Copycat 5 · 1⤊ 1⤋
The president has the right to suspend habeas corpus when he feels it is nessasary.
2007-01-15 11:35:21 · answer #5 · answered by Jason 5 · 1⤊ 2⤋
Yes, especially in an internal war and the lack of transportation available back then.
An international war presents a different situation whereas we have the prisons and lawyers available to both prosceute and defend.
2007-01-15 12:58:50 · answer #6 · answered by Nort 6 · 0⤊ 0⤋
Simple answer: NO, HE WAS NOT!
2007-01-15 11:47:26 · answer #7 · answered by Anonymous · 0⤊ 1⤋