Habeas Corpus

Paper Summary:

This paper examines Abraham Lincoln's actions regarding habeas corpus during the Civil War. The paper describes how Lincoln suspended the writ of habeas corpus so that anti-Unionists might be summarily arrested. The paper presents various cases of arrests and imprisonments that occurred due to Lincoln's actions. Civil rights issues are discussed as are reactions to Lincoln's suspension of the writ of habeas corpus.

From the Paper:

"Abraham Lincoln's suspension of the writ of habeas corpus was considered by some to be the act of a traitor. Habeas corpus protects individuals from arbitrary imprisonment by the government and is for all intents and purposes, a right provided by the Constitution. Lincoln's suspension raised questions about civil rights that ring familiar in light of the Patriot Act. While Lincoln defended his actions as preventative measures when the country was in a time of war, many individuals challenged his decision. In a historical context, Lincoln's action was not a coup d' tat, but rather an act intended to prevent tension that existed within the country from growing out of control."

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