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Full-Text Articles in Constitutional Law
The Original Meaning Of The Habeas Corpus Suspension Clause, The Right Of Natural Liberty, And Executive Discretion, John Harrison
The Original Meaning Of The Habeas Corpus Suspension Clause, The Right Of Natural Liberty, And Executive Discretion, John Harrison
William & Mary Bill of Rights Journal
The Habeas Corpus Suspension Clause of Article I, Section 9, is primarily a limit on Congress’s authority to authorize detention by the executive. It is not mainly concerned with the remedial writ of habeas corpus, but rather with the primary right of natural liberty. Suspensions of the privilege of the writ of habeas corpus are statutes that vest very broad discretion in the executive to decide which individuals to hold in custody. Detention of combatants under the law of war need not rest on a valid suspension, whether the combatant is an alien or a citizen of the United States. …
Habeas Corpus And The Exceptions Clause : Exploring Intergenerational Institutional Struggle., Kevin Grout
Habeas Corpus And The Exceptions Clause : Exploring Intergenerational Institutional Struggle., Kevin Grout
College of Arts & Sciences Senior Honors Theses
No abstract provided.
The Body Of John Merryman: Ex Parte Merryman, A Case Of Executive-Judicial Conflict Over The Suspension Of Habeas Corpus, Eric Paul Anderson
The Body Of John Merryman: Ex Parte Merryman, A Case Of Executive-Judicial Conflict Over The Suspension Of Habeas Corpus, Eric Paul Anderson
All Master's Theses
At the outbreak of the Civil War the Federal military arrested certain people whose loyalty was suspect. One victim, John Merryman, attempted to free himself by petitioning for a writ of habeas corpus. However, President Lincoln authorized the military to suspend the writ in such cases. The matter came before Chief Justice Taney who disputed the president's authority to suspend the writ and ruled in Merryman's favor. This thesis recounts the history of the habeas corpus process in Anglo-American law and its inclusion in the Constitution, Merryman's role in the first hostilities, his arrest, and the attempt to free him. …