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Was Lincoln’s Suspension of Habeas Corpus During the Civil War Justified?

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In 1862, President Lincoln issued Presidential Proclamation 94 which suspended the writ of habeas corpus. (The writ of habeas corpus is a tool preventing the government from unlawfully imprisoning individuals outside of the judicial process). Article 1, Section 9 of the Constitution states that “the Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”

Study the proclamation below, paying particular attention to the highlighted words, to determine how Lincoln justified suspending habeas corpus. Click on “View Primary Source Details” to read the full document as well as a transcription.

Then, using this document plus your knowledge of the Civil War and the Constitution, answer the Discussion questions.

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View the full activity: https://docsteach.org/activity/was-lincolns-suspension-of-habeas-corpus-during-the-civil-war-justified/

  • How would you describe Lincoln’s language?
  • How are members of the Confederacy categorized?
  • How does Lincoln justify enacting martial law and suspending habeas corpus?
  • Is his suspension justified by the wording in Article 1, Section 9 of the Constitution?
  • If you were a Supreme Court Justice, would you rule Lincoln’s suspension constitutional or unconstitutional?
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