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President Lincoln and Habeas Corpus, 2004. An overview of President Lincoln?s suspension of habeas corpus during the Civil War. 7,209 words (approx. 28.8 pages), 6 sources, MLA, $ 160.95 »
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Abstract This paper examines President Lincoln?s suspension of the writ of habeas corpus throughout the Civil War. Habeas corpus is the right not to be held or imprisoned without being charged and given a trial. It looks at how Lincoln suspended the right in varying degrees throughout the war and used as a way to protect the Union from insurgents within. It explores how some have charged Lincoln with dictatorship and circumventing the Constitution for doing this. The paper takes on the argument that Lincoln was acting justly and in the best interest of his country. The paper explains each act of suspension, outlines what caused the suspension of the writ of habeas corpus, the Act that suspended the writ and what the stipulations were, and also what the outcome was. In addition, it examines the some arrests under the suspension, popular opinion, and the opinion of a Supreme Court judge. The thesis is that President Lincoln suspended the writ of habeas corpus for the good of the nation and to protect it from those who wished to do the government harm, and in doing so, held this nation together in its most trying time.
Outline
Lincoln Acts to Protect the Capitol
Getting a Hold on Suspending Habeas Corpus
The Policy Questioned
Lincoln Answers for His Actions
Expanding the Suspension
Congress Supports the President
Lincoln Defends His Policy
Habeas Corpus Suspended Nationwide
The Last Suspension Proclamation
From the Paper "As the American Civil War began to come to a rolling boil President Lincoln was faced not only with rebels in the South but insurgents within the Union as well. There was no question how to deal with the rebels in the South who took up arms against the government. But those in the North who attacked their government in other ways were another, more difficult issue. One effective way to deal with these insurgents was to detain them for their own safety and for the safety of the nation. But many times this proved difficult because the insurgents could not be formally charged and without being formally charge the writ of habeas corpus allows them not to be detained."
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Habeas Corpus, 2004. Explores the history of Habeas Corpus. 5,893 words (approx. 23.6 pages), 12 sources, MLA, $ 140.95 »
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Abstract This paper looks at the history of Habeas Corpus and the role it plays in the law today. It looks at how the scope of Habeas Corpus has changed over time, what Habeas Corpus came to mean in English courts, and what it meant to the U.S. founding fathers when they included it in the Constitution. The paper then focuses on the history of Habeas Corpus in the U.S. by looking at how the Civil War, World War II, and Supreme Court rulings have affected and influenced its implementation. The paper also looks at limitations of Habeas Corpus and how Supreme Court rulings regarding Habeas Corpus have also affected the United States form of government.
Outline
The Start of Habeas Corpus
Early Beginnings
American Habeas Corpus
Habeas Corpus Act
Habeas Corpus
Habeas Corpus Defined
The Great Writ
Judiciary Act of 1789
Suspension of Habeas Corpus
Suspension by Lincoln
Testing the Issue
Seizing Power
After the Civil War
Resolution in 1924
Influence on World War II
Expansion in 1942
Abuse of the Writ
Total Exhaustion
1991 Decision
Limitations
Death Penalty and the Supreme Court
Effect on the Government
The Court?s Decision
California and HR 4167
Handling of Habeas Corpus Proceedings
California Habeas Corpus Resource Center
Requirements for Habeas Counsel
2255?s Original Purpose
Delay in Finality
Modern Day Sense
From the Paper "Habeas corpus was first introduced in England in 1215 when the Magna Carta was written. When habeas corpus was first used, it had a limited range. Over time the scope expanded due to jurisdictional disputes between the superior courts and local courts of England. Habeas corpus cum causa was the form of habeas corpus used by the courts which ?compelled the sheriff to produce the prisoner who was the subject of the courts? jurisdictional dispute (Orye, law review).? A series of crucial cases which began with the Case of the Five Knights and concluded with the Chamber?s Case questioned the ?validity of commitments, previously an incidental effect of the writ, making it a major object (Orye, law review).?"
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Habeas Corpus, 2004. A discussion of Abraham Lincoln?s suspension of the writ of habeas corpus. 2,020 words (approx. 8.1 pages), 8 sources, MLA, $ 63.95 »
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Abstract 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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Habeas Corpus - Civil Liberty or Civil Right, 2008. An analysis of civil liberties and civil rights and which of them applies to habeas corpus. 3,137 words (approx. 12.5 pages), 15 sources, APA, $ 91.95 »
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Abstract This paper explores the origins and history of habeas corpus, from its roots that predate the Magna Carta through to the present day, where it is being employed to the benefit of hundreds that wrongly languish in prison. The paper also explains the distinction between civil right and civil liberty and discusses which applies to habeas corpus. Lastly, the paper looks at the historic ups and downs of habeas corpus and discusses its unique place in the Constitution, separate from provisions contained in the Bill of Rights.
From the Paper "Rights and liberties need to be at their strongest when public support is at its weakest. Civil rights are decreed by law, civil liberties are God given, and the actions of legislatures are inevitably governed by the politics of the time. Habeas corpus is a civil liberty included among the "self evident truths" of the Declaration of Independence, and alone one of the civil liberties that can be suspended by acts of the government during times of crisis. The president judged by history as one of the best, sought to suspend these liberties in time of extreme crisis in the nation's young history. It was circumvented to increase support during a world war, to intern "dangerous" citizens during another, and to grant due process rights to perpetrators of the war for the new millennium. It is now freeing hundred of wrongly convicted people of a crime. The future of habeas corpus is uncertain in the short term, but solid in the future as all inalienable rights bestowed upon the common man by his creator."
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"Habeas Corpus", 2005. A theatrical review of the play "Habeas Corpus" by Alan Bennett. 675 words (approx. 2.7 pages), 1 source, $ 26.95 »
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Abstract The paper discusses "Habeas Corpus", a comedy written in the early 1970s by a British playwright Alan Bennett. The play is set in the 1960s Britain, the era of sexual revolution and turmoil in society. The play is set up in a typical British town in the 1960s. The paper analyzes how, on the surface it is a farce about sexual relations, and when it was first shown in the early 1970s, it must have been somewhat daring, even scandalous.
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"Habeas Corpus", 2005. A review of Alan Bennett's "Habeas Corpus". 675 words (approx. 2.7 pages), 1 source, $ 26.95 »
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Abstract The paper reviews the play "Habeas Corpus" by British playwright Alan Bennett. This two acts play, written in 1973 and set in the 1960s explores homosexuality.
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Abraham Lincoln: A President Under Fire, 2001. A look at the problems faced by Abraham Lincoln, first American President. 2,529 words (approx. 10.1 pages), 8 sources, APA, $ 76.95 »
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Abstract This paper goes over the challenges that Abraham Lincoln faced during his presidency, as well as the sources of these challenges. Topics covered include the various elements of the Civil War Crisis, his suspension of the writ of habeas corpus, his issuing of the emancipation proclamation, and many others. This is an in-depth analysis of Lincoln's presidency, from several points of view.
From the Paper "Today, it seems unfathomable that Abraham Lincoln be considered anything besides a great war leader and one of the greatest presidents in the history of the United States of America. While he was in office, however, many Americans, both from the North and the South did not share this opinion. During his presidency, Lincoln acquired many enemies and made a number of decisions that made him a target of great hostility. No matter what measures Lincoln took, ultimately, he was criticized. If he leaned one way, he would be chastised by one group, and if he leaned the other way, harsh words would reign down upon him from another sector of society. Basically, Lincoln found himself in a no win situation."
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Lincoln?s Wartime Actions: An Example of the Tyranny of the Executive, 2005. Argues that Abraham Lincoln's Civil War suspension of the writ of habeas corpus represents a quintessential example of the breakdown of separation of powers and checks and balances. 3,137 words (approx. 12.5 pages), 6 sources, MLA, $ 91.95 »
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Abstract This paper shows that the danger of tyrannical abuses of power that had once so deeply concerned the Anti-Federalists was realized by Abraham Lincoln's abuses of his executive power that took place during the American Civil War. The paper argues that the most important of these was his suspension of the writ of habeas corpus. Other actions that may have exceeded the limits of presidential authority included the closing of mail services to publications considered to be treasonous, the imprisonment of individuals who had merely exercised their First Amendment rights to free speech by publicly opposing the war and Lincoln's actions, and several financial arrangements in support of the war, such as paying civilians a total of $2 million to assist in military recruiting. The paper explains that under the Constitution, Congress rather than the president has the authority to declare war and to control the mails, the military and the purse.
From the Paper "During the critical formation stages of our government, several issues on which many of the Founding Fathers disagreed still demanded to be resolved. One of the major problems that bothered the Anti-Federalists was the amount of power provided to the executive, which they believed was too extensive and far-reaching. They feared that this excessive authority might eventually allow the executive to become tyrannical, and a tyrannical executive power was exactly what these men had managed to escape from in England through the Revolutionary War. Less than a century after the Founders had abandoned the Articles of Confederation and the states had ratified our Constitution, the executive did in fact demonstrate this dangerous foray into tyrannical abuses of power that had once so deeply concerned the Anti-Federalists."
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The Real Lincoln, 2006. A review of the biography "The Real Lincoln: A New Look at Abraham Lincoln, His Agenda, and an Unnecessary War" by Thomas J. DiLorenzo. 1,365 words (approx. 5.5 pages), 0 sources, MLA, $ 45.95 »
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Abstract The paper discusses Thomas J. DiLorenzo book's "The Real Lincoln: A New Look at Abraham Lincoln, His Agenda, and an Unnecessary War". The paper describes the book as different from biographies that deify the 16th president. DiLorenzo argues that Lincoln's image as the great emancipator is a myth. The author maintains that Lincoln's decision to fight the Civil War was unrelated to slavery and that these ulterior motives centered on the concentration of political power in Washington, at the expense of the economic sovereignty of the Southern states.
From the Paper "To be fair, DiLorenzo gets some of his facts straight. Historical accounts show that Lincoln did indeed start his political career as a Whig, before joining the Republican Party. Lincoln also supported the repatriation of freed slaves to colonies in Africa and Central America. However, the author's major support for Lincoln's mercantilist leanings stem from the president's admiration for Henry Clay, the man who pushed the mercantilist-based "American system." This is hardly enough to support a contention regarding Lincoln's deeply-held motives."
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"The Real Lincoln", 2006. A review of the book "The Real Lincoln: A New Look at Abraham Lincoln, His Agenda, and an Unnecessary War", by Thomas DiLorenzo. 2,540 words (approx. 10.2 pages), 0 sources, $ 76.95 »
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Abstract The paper discusses the book "The Real Lincoln: A New Look at Abraham Lincoln, His Agenda, and an Unnecessary War", by Thomas DiLorenzo.
The writer evaluates DiLorenzo's central arguments, including allegations that Lincoln regularly committed war crimes against Southern residents. The paper further discusses how DiLorenzo misinterprets and misrepresents Lincoln's key policies, in order to support a specious thesis. The writer concludes that due to the book's lack of balance and failure to provide proper context, the book fails to provide enough proof to challenge the myth of the Great Emancipator.
From the Paper "DiLorenzo's arguments, while provocative, are far from new. Instead, the author rehashes conspiracy theories that have been circulating since the time of the Confederacy. This paper thus argues that when held under scholastic scrutiny, DiLorenzo's historiography falls short of his goals of shedding new light on the "real" Lincoln presidency."
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Forced into Glory : Abraham Lincoln's White Dream, 2001. This paper looks at the book by Lerone Bennett "Forced into Glory : Abraham Lincoln's White Dream". 1,000 words (approx. 4.0 pages), 1 source, $ 35.95 »
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Abstract In his book "Forced into Glory : Abraham Lincoln's White Dream", Lerone Bennett claims that the glorification of Lincoln by Americans is not totally justified. He claims that Lincoln himself was a racist. In making these statements, an overall study of the issue of racism vs. slavery is discussed in a historical context.
From the paper:
"Lerone Bennett?s book Forced into Glory : Abraham Lincoln's White Dream is designed to make any reader rethink all of her or his preconceptions about Lincoln. American schoolchildren are taught that Lincoln was the savior of our nation, a man so motivated by the highest of ideals in terms of both guaranteeing the continuing union of our states and ending slavery that he willingly put himself into deadly peril.
Bennett suggests that this is not quite an accurate picture, and indeed in some measure he must be right. No one is perfectly self sacrificing, no one perfectly good, no one perfectly wise. Lincoln was flawed as any great man. He was not, however, perhaps as flawed as Bennett makes him out to be."
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Abraham Lincoln: Man and Myth, 2002. Discusses the views of author Stephen Oates as expressed in his book, "Abraham Lincoln: The Man Behind The Myths" 1,326 words (approx. 5.3 pages), 1 source, MLA, $ 44.95 »
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Abstract Stephen Oates, in his book "Abraham Lincoln: The Man Behind the Myths", believes the grandiose dimensions and symbol-building power of the myths people create reveal their deepest longings. The paper discusses Oates' argument that this is especially true of the myths Americans have created about Abraham Lincoln, the powerful figure who presided over the country's greatest trial, the Civil War. The paper shows that Oates' book argues that rather than reflect any actual truths about Lincoln the man and President, the American mythology surrounding Lincoln reflects the spiritual and psychological needs of America's culture. The paper looks at other portrayals of Lincoln as a mythological figure in American literature, such as in the poetry of Walt Whitman.
From the Paper "Oates argues that mythology carries a different truth than that of historical truth. In the case of Abraham Lincoln, the myth is what Americans wish the man had been rather than what he really was. The Lincoln myth has imbued him with the traits Americans consider their most noble, among them honesty, tolerance, a work ethic, forgiveness, compassion, a clear-sighted vision of right and wrong, and a dedication to God and country (Oates 16). Thus, Oates maintains, the mythological Lincoln "carries the torch of the American dream, a dream of noble idealism, of self-sacrifice and common humanity, of liberty and equality for all" (Oates 16)."
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Lincoln, The "Great Emancipator", 2002. Examines whether American President, Abraham Lincoln's emancipation moves were really inspired by his enlightened views. 914 words (approx. 3.7 pages), 3 sources, MLA, $ 32.95 »
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Abstract Lincoln has been called "The Great Emancipator" for his role in abolishing slavery. His legacy is two-fold; he is popularized both for having preserved the United States and for having freed the blacks. The paper shows that many moderns see Lincoln as a reformer who introduced modern ideas and revolutionized society; a moral reformer who applied the republican freedoms inspired by the enlightenment and procured by the founding fathers to all people regardless of color. Martin Luther King's place at the feet of Lincoln during the march on Washington is telling. The paper argues, however, that a more comprehensive understanding reveals that the issuance of the Emancipation Proclamation was a calculated decision provoked by distinct motives and that Lincoln's perspective on black America is an exclusive product of the nineteenth century. The author uses texts written by Lincoln to substantiate his opinion.
From the Paper "For an adequate understanding of Lincoln's personal impression of the peculiar institution, we must consult the transcripts of his debates with Frederick Douglass. In the first of the debates, Lincoln confers to the crowd that he wishes for the blacks to be ejected from the United States. Instead of inclusion, he reflects the popular opinion that the blacks should reside in a colony established for them by Americans. He makes specific reference to Liberia, an African republic established by wealthy abolitionists for freed negro slaves. Only a small portion of white society at the time wanted freed blacks to remain within the United States, however Lincoln reflects the humanitarian logistical problems associated with exile: Lincoln feels that if blacks were deposited in Liberia without proper social mechanisms, they would all starve within 10 days."
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Lincoln and Slavery, 1976. This paper describes Abraham Lincoln's thoughts and presidential policies on slavery from 1836 to 1865, based on "The Collected Work of Abraham Lincoln" (8 Volumes). 3,375 words (approx. 13.5 pages), 8 sources, $ 119.95 »
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From the Paper The following research describes Abraham Lincoln's thoughts and presidential policies on slavery from 1836 to 1865. Lincoln's first public statement on his attitude toward slavery was made in 1837 while he was serving in the Illinois Legislature. It was a protest against earlier resolutions in which the legislature had condemned abolitionists for wanting to free the slaves. The March 3, 1837 resolution, signed by another representative of Sangamon County, had three observations about slavery: First, it is based on injustice and bad policy, but the spread of abolitionist doctrines only increases its evils. Second, under the constitution, Congress has no power to interfere with the states handling of slavery. Third, the constitution gives Congress the right to abolish slavery in the District of Columbia, but that should only be done at the request of the ... "
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Abraham Lincoln: From the Ridiculous to the Sublime, 2006. This paper describes Abraham Lincoln's upbringing, political career and character. 2,787 words (approx. 11.1 pages), 6 sources, APA, $ 83.95 »
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Abstract This paper describes Abraham Lincoln's life and legacy. Lincoln's childhood is described as one of hardship, yet Lincoln strove to acquire an education. The paper also highlights Lincoln's rise in politics and his tremendous ambition. Finally, Lincoln's tenure as president is highlighted, and special emphasis is placed on the Civil War.
From the Paper "Williams notes that Lincoln's most important legacy as a strategist was his establishment of the modern command system: "a Commander-in-Chief (Lincoln) to establish overall strategy, a General-in-Chief (Grant) to implement plans, and a Chief of Staff (Halleck) to relay information" (Williams). Thus, writes Williams, Lincoln, without recognizing his long-range contribution to the nation's modem command system, laid its foundation in 1864 (Williams). Under this new system, a joint product of Lincoln and Congress, Grant was named General-in-Chief, and was charged with the function of planning and directing the movements of all Union Armies, and because he disliked the political atmosphere in Washington, Grant established his headquarters with the field Army and the Eastern Theatre, but did not technically command that Army (Williams). Hallack then received a new office, as Chief of Staff, but not in the sense of today's term (Williams). Hallack was primarily a channel of communication between Lincoln and Grant and between Grant and the 17 departmental commanders under Grant (Williams). Grant possessed in superb degree the ability to think of the war in overall terms, however his grand plan of operations that ended the war was at least partly Lincoln's in concept (Williams). Grant conformed his strategy to Lincoln's known ideas: "hit the Confederacy from all sides with pulverizing blows and make enemy armies, not cities, his main objective" (Williams). Grant submitted the broad outlines of his plan to Lincoln and the President trusting in Grant, approved the design without seeking to know the details (Williams). "
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