securityhistorycivilwarWWI - Limiting Civil Liberties in Times of War Throughout history conflicts have coincided with curbs on civil liberties Civil

securityhistorycivilwarWWI - Limiting Civil Liberties in...

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Limiting Civil Liberties in Times of War Throughout history, conflicts have coincided with curbs on civil liberties Civil War – Lincoln suspends Habeas Corpus
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Limiting Civil Liberties in Times of War World War I - Espionage Act & restrictions on Germans and German-Americans
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Limiting Civil Liberties in Times of War WWII Internment of Japanese Americans & use of Military Tribunals
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Limiting Civil Liberties in Times of War Korean War – Steel Seizure cases
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Limiting Civil Liberties in Times of War Cold War - Surveillance & investigation of political groups
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Limiting Civil Liberties in Times of War Vietnam War & Civil Rights Movements Targeting of protesters
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Habeas Corpus "have/produce the body" legal action by which detainees can seek relief from unlawful imprisonment. Allows you to challenge your detention in court. Protects against arbitrary state action restricting freedom.
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Habeas Corpus Known as the "Great Writ", the writ of habeas is a legal proceeding in which an individual held in custody can challenge the propriety of that custody under the law. The prisoner, or some other person on his behalf, may petition the court for a writ of habeas corpus. modern practice is to have a hearing with both parties present on whether the writ should issue. The prisoner can then be released or bailed by order of the court without having to be produced before it.
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Constitution Art. I, Sec. 9 of the Constitution: The privilege of the Writ of Habeas Corpus shall not be suspended unless when in Cases of Rebellion of Invasion the public Safety may require it.”
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Constitution Appears in constitutional provisions enumerating Congress’ powers Constitution is silent on WHO has the power to suspend Habeas Corpus
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President Lincoln’s War Powers April 1861: Lincoln decides to suspend Habeas Corpus
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President Lincoln’s War Powers Lincoln's Letter to Army Commanding General: “You are engaged in suppressing an insurrection against the laws of the United States. If . . . you find resistance which renders it necessary to suspend the writ of habeas corpus for the public safety, you personally, or through the officer in command at the point where resistance occurs, are authorized to suspend the writ.”
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Suspension of Habeas Corpus Ex parte Merryman (1861): Justice Taney ordered release of Southern sympathizer after he had been seized upon President Lincoln’s order suspending habeas corpus: “. . . the privilege of the writ could not be suspended, except by act of congress.” Decision was ignored by Pres. Lincoln Lincoln: Taney’s decision would allow “all the laws, but one” to go unexecuted.
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Habeas Corpus Act Habeas Corpus Act of 1863 Passed after Pres. Lincoln unilaterally suspended habeas corpus early in the war, the statute required any civilian prisoner (who was not a prisoner of war) to be brought before a court and released if a local grand jury had met and adjourned without indicting him.
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Habeas Corpus Act In Ex Parte Milligan , the
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  • Spring '08
  • DeniseLieberman
  • Civil Liberties, Supreme Court of the United States, Habeas corpus, Unlawful combatant, Hamdan v. Rumsfeld

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