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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.
The Habeas Corpus Act can only be suspended by Parliament; but in the absence of Parliament, or even when Parliament is in session, and the case demanded instant and secret action, the Ministers of the Crown, when the public safety has, in their opinion, required it, have habitually taken the responsibility of suspending the benefits or ...
The Suspension Clause of Article One does not expressly establish a right to the writ of habeas corpus; rather, it prevents Congress from restricting it.There has been much scholarly debate over whether the Clause positively establishes a right under the federal constitution, merely exists to prevent Congress from prohibiting state courts from granting the writ, or protects a pre-existing ...
The authorizing act allowed the President to suspend habeas corpus and civil rights throughout the entire United States (which he had already done under his own authority on April 27, 1861). Lincoln imposed the suspension on "prisoners of war, spies, or aiders and abettors of the enemy," as well as on other classes of people, such as draft dodgers.
Under Article I, section 9 of the United States Constitution, habeas corpus can be suspended in cases of rebellion or invasion. The Confederacy was rebelling, making the suspension of habeas corpus constitutional. The Constitution, however, does not specify who may suspend habeas corpus — Congress or the president or both.
The president's ability to suspend the writ of habeas corpus without congressional approval was not addressed in this case, most likely because it was a moot issue with respect to the case at hand. President Lincoln had suspended the writ nationwide on September 24, 1862, [ 25 ] and Congress had ratified this action on March 3, 1863, with the ...
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. No Bill of attainder or Ex post facto law shall be passed. No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.
[36] [37] This law allowed the president to suspend habeas corpus on "armed combinations" and conspiracies by the Klan. The Act also empowered the president "to arrest and break up disguised night marauders". The actions of the Klan were defined as high crimes and acts of rebellion against the United States. [38] [37]