Printer Friendly

The body of John Merryman; Abraham Lincoln and the suspension of habeas corpus.


The body of John Merryman; Abraham Lincoln and the suspension of habeas corpus.

McGinty, Brian.

Harvard University Press


253 pages




Following the refusal of the executive branch to honor his writ of habeas corpus ("have the body") to produce pro-Southern Marylander John Merryman in his courtroom from his imprisonment in Fort McHenry in the early months of the US Civil War, US Chief Justice Roger Taney issued a ruling finding President Abraham Lincoln in violation of his constitutional duties, as only Congress had the power to suspend the writ. Lincoln refused to heed the ruling, deeming it uncontrolling of executive powers. This volume reconstructs the legal struggle between Taney and Lincoln over the writ of habeas corpus, a struggle with particular relevance today, as President Obama asserts the executive's right to suspend the writ in pursuit of the "war on terror" even as the Supreme Court has earlier echoed Taney's position in Hamdi v. Rumsfeld.

([c]2012 Book News, Inc., Portland, OR)

COPYRIGHT 2012 Book News, Inc.
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2012 Gale, Cengage Learning. All rights reserved.

Article Details
Printer friendly Cite/link Email Feedback
Publication:Reference & Research Book News
Article Type:Book review
Date:Feb 1, 2012
Previous Article:The founding fathers v. the people; paradoxes of American democracy.
Next Article:The odd clauses; understanding the Constitution through ten of its most curious provisions.

Terms of use | Privacy policy | Copyright © 2020 Farlex, Inc. | Feedback | For webmasters