Analysis Of Habeas Corpus

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Habeas Corpus Script Introduction Ian: When our nation was created, our founding fathers laid out their beliefs on how our government was to be run, and the rights we as citizens were given, in the Constitution. Both: This important document has acted as the holy grail of American law for centuries. Ben: However, in the past and in recent years, some conflict has arisen as to its opinion of Habeas Corpus; Both: the right to create a writ to question the reason for your imprisonment. Ian: What does the constitution say on this matter, and how can we interpret its meanings for Habeas Corpus? To know this, we must think back to the logic of our founding fathers, and therefore protect Habeas Corpus. Ben: Contrary to what my opponent believes, there…show more content…
Ian: The writ of Habeas Corpus, which the constitution references, is from the old English law that protects your right to question your imprisonment. In doing so the founding fathers wanted to protect the people’s capability to object the government, defend their physical freedom, and prevent their unjust imprisonment. To ignore such a direct statement not only goes against the Constitution and the founding fathers who wrote it, but also against the right to protest without consequence. Thus, Habeas Corpus is a specifically protected right that must remain in…show more content…
It specifically outlines the necessary factors such as rebellion, invasion, or dangers to public safety that would incite the suspension of Habeas Corpus. Therefore, the Restriction of Habeas Corpus limits the destructive capabilities of social and political rebellions. On July 4th, 1861, President Lincoln addressed congress in regards to the necessity of Habeas Corpus. "We have a case of rebellion, and the public safety does require suspension of the writ. Now it is insisted that Congress, and not the Executive, is vested with this power. But the Constitution itself, is silent as to which, or who, is to exercise the power; and as the provision was plainly made for a dangerous emergency, it cannot be believed the framers of the instrument intended, that, in every case, the danger should run its course, until Congress could be called together; the very assembling of which might be prevented ... by the rebellion.” In this speech Lincoln elaborates on why he has equal power as congress in the limitation of Habeas Corpus. His intentions were to protect the public, and quell the rebellion. Lincoln would go on to suspend Habeas Corpus with the means of protecting the union, speeding up “Justice” against dissidents, and act for congress to defeat the confederate rebellion. This is a prime example as to the ideal means of revoking Habeas Corpus. Lincoln did so

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