Con Law 416 - 4/16/08 Unit 4: Subunit A What has been the...

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4/16/08 Unit 4: Subunit A What has been the history of Civil Liberties in the United States o Even though the war on Terrorism may be different than other wars, what is the history of civil liberties in the US during War time? What should be the role of Civil Liberties in Wartime? William Rehnquist wrote a book arguing that civil liberties need to give way during wartime, and the main issue is the nation’s survival. Others say its imperative during wartime to keep the Constitution alive. Civil War: o Abraham Lincoln suspended the Writ of Habeus Corpus. Those held by Northern military authorities could no go to Federal Court even if they believed they were held unconstitutionally. o In 1866- Supreme Court , X party Milligan- Said gov’t had no right to suspend Habeus Corpus in the wartime. o P. XLII: The writ of Habeus Corpus cannot be suspended unless the country has been invaded and its suspension is integral for security. o Lincoln imprisoned those who criticized what the north was doing in fighting during the Civil War. Hundreds and Thousands were placed in prison during the Civil War just for criticizing how the North was handling the Civil War. No court cases on this, because he suspended Habeus Corpus. WWI o Congress Passed two statutes, 1917 & 1918 made it illegal to criticize the draft and the war effort. o Schenck vs. US- Schenk involved a man who circulated a leaflet stating the draft was unconstitutional because it was a form of involuntary servitude. For circulating the Leaflet, he was convicted and sentenced to
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This note was uploaded on 04/20/2008 for the course POLI SCI 1 taught by Professor Charney during the Spring '08 term at Duke.

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Con Law 416 - 4/16/08 Unit 4: Subunit A What has been the...

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