Educating Young People about the Constitution

www.BillofRightsInstitute.org

Presidents and the Constitution:

Commander in Chief Lincoln and Habeas Corpus

Presidents and the Constitution Resources

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"They that can give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety.“ – Benjamin Franklin, 1759

Yet, during times of war, the President and Congress have curtailed freedoms in the name of security.

Directions: Read Dr. Robert McDonald’s essay. Underline or highlight the facts you think are important.

War and the Constitution

Constitutional Connection Activity

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Objectives• Explore the events that led to

Lincoln’s suspension of habeas corpus.

• Understand the Supreme Court cases ex parte Merryman and ex parte Milligan.

• Assess the constitutionality of Lincoln’s actions.

• Evaluate Lincoln’s attempt to balance liberty and security during the Civil War with his suspension of habeas corpus in certain areas and eventually the entire nation.

Critical Engagement Question

Did President Abraham Lincoln Have the constitutional power to suspend habeas corpus during the Civil War?

Lincoln and Habeas Corpus

Article I, Section 9, Clause 2: “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.”

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Lincoln’s habeas corpus proclamation, pg. 1

Lincoln and Habeas Corpus

Background/HomeworkRead Handout A: Abraham Lincoln and

Habeas Corpus and answer the following questions.

1. What is habeas corpus?2. What does the Constitution say about

habeas corpus?3. What were the facts of the case in ex

Parte Merryman?4. How did Justice Taney rule? Do you

agree with his ruling?5. When Lincoln asked, “Are all the laws,

but one, to go unexecuted, and the government itself go to pieces, lest that one be violated?” what did he mean?

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Lincoln and Habeas Corpus

Warm-Up• Review Handout B: A

Proclamation.• Read Handout B aloud.• Listen for the answers to

the questions at the bottom of Handout B: A Proclamation.

• Review each question and the correct answers.

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Lincoln and Habeas Corpus

The Old Senate Chamber, where the Supreme Court met from 1860 - 1935

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ActivityYou will now prepare to “try” the case of “Mr. Milligan.”

Read Handout C: Sections of the United States Constitution

Mr. Milligan has been sentenced to death for disloyalty by a military court.

Lincoln and Habeas Corpus

Activity continued• Complete Handout D: Case Briefing Sheet• Argue the court case:

Attorneys for Mr. Milligan (arguing “No”) Attorneys for the U.S. (arguing “Yes”) Justices determine which side “won” based on their

interpretation of the sections of the U.S. Constitution.

The Old Senate Chamber, where the Supreme Court met

from 1860 - 1935

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Lincoln and Habeas Corpus

Wrap-Up• Review a copy of Handout E: The

Ruling. • Discuss the following:

Do you agree with the Court’s decision? Do you think Lincoln’s action was

Constitutional? Did he successfully balance the “strength” of

the government with the “liberties of the people”?

Lincoln and Habeas Corpus

Lambdin P. MilliganEx parte Milligan 10

Bothex parte Merryman

(1861)

ex parte Milligan (1866)

Homework

Compare and contrast the constitutional issues in Ex Parte Merryman and Ex Parte Milligan.

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Lincoln and Habeas Corpus

ExtensionIssues of habeas corpus have emerged

with the wars in Afghanistan, Iraq, and the War on Terror. Research Supreme Court cases involving habeas corpus such as Hamdi v. Rumsfeld (2004), Hamdan v. Rumsfeld, (2006) and Boumediene v. Bush (2008).

From left to right:United States Supreme Court Justices Kennedy, Scalia, and Stephens

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Lincoln and Habeas Corpus

The Issues EndureCreate a timeline of Executive Orders, Legislative Acts, Supreme Court cases, and other significant events pertaining to the military detention facility at Guantanamo Bay and the claimed right of prisoners to have habeas corpus petitions heard in federal court.

How do the questions raised in the War on Terror compare to those confronted by Lincoln?

Salim Ahmed Hamdan Guantanomo Military Charge Sheet

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Lincoln and Habeas Corpus

The Issues EndureRead President Barack Obama’s executive order closing Guantanamo Bay detention facilities. What does President Obama say about habeas corpus? Do you agree with him?

Lincoln and Habeas Corpus

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