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The phrase expresses the belief that constitutional restrictions on governmental power must be balanced against the need for survival of the state and its people. It is most often attributed to Abraham Lincoln, as a response to charges that he was violating the United States Constitution by suspending habeas corpus during the American Civil War.
Abraham Lincoln's Lyceum Address was delivered to the Young Men's Lyceum of Springfield, Illinois on January 27, 1838, titled "The Perpetuation of Our Political Institutions". [ 1 ] [ 2 ] In his speech, a 28-year-old Lincoln warned that mobs or people who disrespected U.S. laws and courts could destroy the United States.
However, Lincoln's message to Congress was dated July 4, 1861; the Bates opinion was dated the next day, July 5, 1861. Lincoln, in his message to Congress, framed the issue as: The whole of the laws which were required to be faithfully executed were being resisted and failing of execution in nearly one-third of the States.
The Habeas Corpus Suspension Act, 12 Stat. 755 (1863), entitled An Act relating to Habeas Corpus, and regulating Judicial Proceedings in Certain Cases, was an Act of Congress that authorized the president of the United States to suspend the right of habeas corpus in response to the American Civil War and provided for the release of political prisoners.
[8] Similarly, Lincoln argued that "in contemplation of universal law, and of the Constitution, the Union of these states is perpetual." [2] Lincoln also expanded on Jackson's conception of "constitutional democracy as a fragile enterprise that requires political minorities to accept and submit to majority rule."
The Thirteenth Amendment (Amendment XIII) to the United States Constitution abolished slavery and involuntary servitude, except as punishment for a crime.The amendment was passed by the Senate on April 8, 1864, by the House of Representatives on January 31, 1865, and ratified by the required 27 of the then 36 states on December 6, 1865, and proclaimed on December 18.
The basis of the lawsuit hinges on the state's constitution, arguing that it details protections against partisan gerrymandering by mandating elections “free and open” that are violated by ...
Text of the 13th Amendment. The Thirteenth Amendment to the United States Constitution abolished slavery and involuntary servitude, except as a punishment for a crime. [6] It was passed by the U.S. Senate on April 8, 1864, and, after one unsuccessful vote and extensive legislative maneuvering by the Lincoln administration, the House followed suit on January 31, 1865. [7]