habeus corpus essays

habeus corpus essays 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 At the outbreak of the Civil War President Abraham Lincoln repealed the original writ of Habeas Corpus and suspended the right stating that it could be revoked in a case of rebellion or invasion if the public safety may require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 States 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 Lincolns alter ation 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 Habeas 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 Rehnquists 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...