Study Guide_Exam II

Study Guide_Exam II - The Prize Cases Facts of the Case...

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The Prize Cases - Facts of the Case Lincoln proclaimed a blockade of southern ports in April 1861. Congress authorized him to declare a state of insurrection by the Act of July 13, 1861. By the Act of August 6, 1861, Congress retroactively ratified all Lincoln's military action. These cases involved the seizure of vessels bound for Confederate ports prior to July 13, 1861. Question Did Lincoln act within his presidential powers defined by Article II when he ordered the seizures absent a declaration of war? Conclusion The President had the power to act. A state of civil war existed de facto after the firing on Fort Sumter (April 12, 1861) and the Supreme Court would take this fact into account. Though neither Congress nor the President can declare war against a state of the Union, when states waged war against the United States government, the President was "bound to meet it in the shape it presented itself,without waiting for Congress to baptize it with a name." Ex Parte Merryman - case decided in 1861 by Chief Justice Roger B. Taney sitting as a federal circuit judge in Baltimore, Md. John Merryman, a citizen of Maryland, was imprisoned by the U.S. army on suspicion of favoring the Confederacy. He obtained a writ of habeas corpus . The commanding general refused to respect this action, alleging that President Lincoln had authorized him to suspend the writ. Taney held that Article 1, Section 9, of the U.S. Constitution gave to Congress alone the power to suspend the writ in case of rebellion or invasion and that consequently the President's action had been without warrant and represented a threat to the liberties of all Americans. Lincoln, however, continued to adhere to the same practice throughout the Civil War. Congress ratified the suspension in 1863. Ex Parte Milligan - Facts of the Case Lambden P. Milligan was sentenced to death by a military commission in Indiana during the Civil War; he had engaged in acts of disloyalty. Milligan sought release through habeas corpus from a federal court. Question Does a civil court have jurisdiction over a military tribunal? Conclusion Davis, speaking for the Court, held that trials of civilians by presidentially created military commissions are unconstitutional. Martial law cannot exist where the civil courts are operating. Writ of habeas corpus - a judicial mandate to a prison official ordering that an inmate be brought to the court so it can be determined whether or not that person is imprisoned lawfully and whether or not he should be released from custody. A habeas corpus petition is a petition filed with a court by a person who objects to his own or another's detention or imprisonment. The petition must show that the court ordering the detention or imprisonment made a legal or factual error. Habeas corpus petitions are usually filed by persons serving prison sentences. U.S. v. Curtiss-Wright Export Co.
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This note was uploaded on 02/14/2010 for the course PSC 2302 taught by Professor Dr.riley during the Spring '08 term at Baylor.

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Study Guide_Exam II - The Prize Cases Facts of the Case...

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