Lincoln's Suspension of Habeas Corpus

[Steve Vladeck]

Well, the longer answer depends on which suspension we're talking about. The one in and around Baltimore that led to Merryman was arguably borne out of military necessity, given the strategic significance of protecting Washington (and the arguable absence of effective civilian government in the area at the time). If one believes that protecting Washington was 'necessary' to protect the Union, then that's perhaps the strongest defense of Lincoln. (Note, though, that General Scott declared Washington "safe" _before_ the suspension occurred).

But the nationwide suspension following the September 24, 1862 proclamation, at least until Congress ratified it via the Habeas Corpus Act of 1863, seems to me on far more dubious footing...

-steve

------Original Message------
From: Allison Hayward
Sender: conlawprof-bounces at lists.ucla.edu
To: Paul Finkelman
Cc: CONLAWPROF at lists.ucla.edu
Cc: RJLipkin at aol.com
Sent: Aug 31, 2008 2:13 PM
Subject: Re: Lincoln's Suspension of Habeas Corpus

... I think that was an essay question . . .


On Aug 31, 2008, at 1:04 PM, Paul Finkelman wrote:

> yes
>
> Paul Finkelman
> President William McKinley Distinguished Professor of Law
>     and Public Policy
> Albany Law School
> 80 New Scotland Avenue
> Albany, New York   12208-3494
>
> 518-445-3386
> pfink at albanylaw.edu
>>>> <RJLipkin at aol.com> 08/31/08 10:28 AM >>>
> Was Lincoln's  suspension of habeas corpus necessary in preserving the
> Union? Interpret "necessary" in any way you think appropriate. This  
> is a
> straightforward question--meaning I have no idea what the answer is.
>
> Bobby
>
> Robert Justin  Lipkin
> Professor of Law
> Widener University School of  Law
> Delaware
>
> Ratio Juris
> ,  Contributor: _  http://ratiojuris.blogspot.com/_
> (http://ratiojuris.blogspot.com/)
> Essentially Contested  America, Editor-In-Chief
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> )
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---
Stephen I. Vladeck
Associate Professor
American University Washington College of Law
4801 Massachusetts Ave., N.W.
Washington, DC  20016
(202) 274-4241
svladeck at wcl.american.edu