Memory and Application during the War on Terror. “The suspension of habeas corpus and indefinite...
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Transcript of Memory and Application during the War on Terror. “The suspension of habeas corpus and indefinite...
Abraham Lincoln’s Suspension of Habeas Corpus
Memory and Application during the War on Terror
“The suspension of habeas corpus and
indefinite detention of irregulars by the Lincoln Administration, particularly those involving the Supreme Court cases Ex Parte Merryman and Ex Parte Milligan, served as an example for the wartime policy of the Bush Administration in terms of executive supremacy and extra constitutional necessity in wartime. “
Thesis
Suspension of the Writ during the Civil War
Ex Parte Merryman Ex Parte Milligan
Suspension during the War on Terror Connection between Lincoln and Bush
presidencies Hamdi v. Rumsfeld
Structure of Paper
Previous crises but
now challenges of the Civil War
Context: mixed loyalties and tension in Maryland
Extraordinary actions in times of crisis
Executive authority in wartime
Merryman
Seditious Confederate
actions behind Union lines
Court ruling ignored realities of war/reconstruction
Proper executive wartime action vs. vanguard of civil liberties against executive tyranny
Milligan
Bush faced similar
issues as did Lincoln Bush willing to take
drastic actions to defend nation as was Lincoln
Bush and Lincoln
U.S. citizen detained
as a combatant Pragmatism vs.
textualism Executive authority
in detention Wartime necessity
weighed against freedom of citizens
Bush and Hamdi
Lincoln dealt with Merryman and Milligan in a
similar way as Bush dealt with Hamdi Executive Supremacy Necessity in times of crisis
Conclusion