Why did Lincoln suspend heabas corpus, which the constitution forbade.?

Question

All the Southerns were doing is what the founding fathers did, secede from the union, as the founding fathers seceded from Britain.

Answer 1

He did it to save the nation. Congress was out of session and so he took action. When Congress came back into session, he presented his reasoning for do it and stood ready to accept the consequences.



Like Britain, he had every right in the world to fight to protect his national interests.

Answer 2

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RE:

Why did Lincoln suspend heabas corpus, which the constitution forbade.?

All the Southerns were doing is what the founding fathers did, secede from the union, as the founding fathers seceded from Britain.

Answer 3

Did President Lincoln suspend the U.S. Constitution?



Answer: No



Did President Lincoln suspend Habeas Corpus?



Answer: Yes, in 1861 and 1862



Was Habeas Corpus ever restored?



Answer: Yes, in 1866.



Here's the story:



As the Civil War started, in the very beginning of Lincoln's presidential term, a group of "Peace Democrats" proposed a peaceful resolution to the developing Civil War by offering a truce with the South, and forming a constitutional convention to amend the U.S. Constitution to protect States' rights. The proposal was ignored by the Unionists of the North and not taken seriously by the South. However, the Peace Democrats, also called copperheads by their enemies, publicly criticized Lincoln's belief that violating the U.S. Constitution was required to save it as a whole. With Congress not in session until July, Lincoln assumed all powers not delegated in the Constitution, including the power to suspend habeas corpus. In 1861, Lincoln had already suspended civil law in territories where resistance to the North's military power would be dangerous. In 1862, when copperhead democrats began criticizing Lincoln's violation of the Constitution, Lincoln suspended habeas corpus throughout the nation and had many copperhead democrats arrested under military authority because he felt that the State Courts in the north west would not convict war protesters such as the copperheads. He proclaimed that all persons who discouraged enlistments or engaged in disloyal practices would come under Martial Law.



Among the 13,000 people arrested under martial law was a Maryland Secessionist, John Merryman. Immediately, Hon. Roger B. Taney, Chief Justice of the Supreme Court of the United States issued a writ of habeas corpus commanding the military to bring Merryman before him. The military refused to follow the writ. Justice Taney, in Ex parte MERRYMAN, then ruled the suspension of habeas corpus unconstitutional because the writ could not be suspended without an Act of Congress. President Lincoln and the military ignored Justice Taney's ruling.



Finally, in 1866, after the war, the Supreme Court officially restored habeas corpus in Ex-parte Milligan, ruling that military trials in areas where the civil courts were capable of functioning were illegal. ~~

Answer 4

Lincoln did what most presidents do in times of national crisis. For example, during the First World War President Wilson enacted laws curbing communist influence. During the Second World War, stricter controls were placed on communists and fascists and japanese were sent to internment camps. After 9/11, GWB introduced the Patriot act which monitored what americans read and did. Is Lincoln really that bad in comparison to other acts during times of crisis? The building of the 'security state' has come along way since lincoln.

Answer 5

Often during wartime presidents violate the Constitution. For example, the Alien and Sedition Act and the appalling way George W. Bush did it just recently. They claim it's to protect the country, and we're so used to it we hardly object. I think they do it because underneath, most presidents are dictators.



Just because we left England, doesn't mean the Union was prepared to tolerate another secession. You really need to read a little more about it. Your question is simplistic and uninformed. You also spelled habeas corpus wrong.