Educating Young People about the Constitution

Presidents and the Constitution: Commander in Chief Lincoln and Habeas Corpus

www.BillofRightsInstitute.org

Presidents and the Constitution Resources

"They that can give up essential liberty

to purchase a little temporary safety, deserve neither liberty nor safety.

Benjamin Franklin, 1759 Yet, during times of war, the President and Congress have curtailed freedoms in the name of security. Directions: Read Dr. Robert McDonalds essay. Underline or highlight the facts you think are important.

War and the Constitution

Constitutional Connection Activity

Lincoln and Habeas Corpus

Critical Engagement Question Did President Abraham Lincoln Have the constitutional power to suspend habeas corpus during the Civil War? Objectives Explore the events that led to Lincolns suspension of habeas corpus. Understand the Supreme Court cases ex parte Merryman and ex parte Milligan. Assess the constitutionality of Lincolns actions. Evaluate Lincolns attempt to balance liberty and security during the Civil War with his suspension of habeas corpus in certain areas and eventually the entire nation.
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Lincoln and Habeas Corpus

Article I, Section 9, Clause 2: 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.

Lincolns habeas corpus proclamation, pg. 1

Lincoln and Habeas Corpus

Background/Homework Read Handout A: Abraham Lincoln and Habeas Corpus and answer the following questions. 1. What is habeas corpus? 2. What does the Constitution say about habeas corpus? 3. What were the facts of the case in ex Parte Merryman? 4. How did Justice Taney rule? Do you agree with his ruling? 5. When Lincoln asked, Are all the laws, but one, to go unexecuted, and the government itself go to pieces, lest that one be violated? what did he mean?

Lincoln and Habeas Corpus

Warm-Up Review Handout B: A Proclamation. Read Handout B aloud. Listen for the answers to the questions at the bottom of Handout B: A Proclamation. Review each question and the correct answers.

Lincoln and Habeas Corpus

Activity You will now prepare to try the case of Mr. Milligan.

Read Handout C: Sections of the United States Constitution Mr. Milligan has been sentenced to death for disloyalty by a military court.
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The Old Senate Chamber, where the Supreme Court met from 1860 - 1935

Lincoln and Habeas Corpus

Activity continued Complete Handout D: Case Briefing Sheet Argue the court case: Attorneys for Mr. Milligan (arguing No) Attorneys for the U.S. (arguing Yes) Justices determine which side won based on their interpretation of the sections of the U.S. Constitution.

The Old Senate Chamber, where the Supreme Court met from 1860 - 1935

Lincoln and Habeas Corpus

Wrap-Up Review a copy of Handout E: The Ruling. Discuss the following:
Do you agree with the Courts decision? Do you think Lincolns action was Constitutional? Did he successfully balance the strength of the government with the liberties of the people?

Lambdin P. Milligan Ex parte Milligan

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Homework

Lincoln and Habeas Corpus

Compare and contrast the constitutional issues in Ex Parte Merryman and Ex Parte Milligan
.

ex parte Merryman (1861)

Both

ex parte Milligan (1866)

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Lincoln and Habeas Corpus

Extension Issues of habeas corpus have emerged with the wars in Afghanistan, Iraq, and the War on Terror. Research Supreme Court cases involving habeas corpus such as Hamdi v. Rumsfeld (2004), Hamdan v. Rumsfeld, (2006) and Boumediene v. Bush (2008).

From left to right: United States Supreme Court Justices Kennedy, Scalia, and Stephens

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Lincoln and Habeas Corpus

The Issues Endure Create a timeline of Executive Orders, Legislative Acts, Supreme Court cases, and other significant events pertaining to the military detention facility at Guantanamo Bay and the claimed right of prisoners to have habeas corpus petitions heard in federal court.

How do the questions raised in the War on Terror compare to those confronted by Lincoln?
Salim Ahmed Hamdan Guantanomo Military Charge Sheet
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Lincoln and Habeas Corpus

The Issues Endure Read President Barack Obamas executive order closing Guantanamo Bay detention facilities. What does President Obama say about habeas corpus? Do you agree with him?

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