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Case: Ex parte Merryman The case Ex parte Merryman deals with habeas corpus, which means an inmate can be brought to civilian court so it can be determined whether or not that person is imprisoned lawfully. The Case involves Lt. John Merryman he was accused of treason in Pennsylvania for a vague accusation of burning down bridges. The other party was President Lincoln who unconstitutionally suspended the writ of habeas Corpus. Lincoln did not notify the proper officials such as, congress, of what he was doing which was unconstitutional. Lt. John Merryman was a resident of Maryland and a part of the Baltimore County Horse guard. He was accused of treason in Pennsylvania for Burning Bridges. During that time President Lincoln made a decision upon himself to suspend the writ of habeas corpus. A writ of habeas corpus is a Judicial mandate to a prison official ordering that an inmate be brought to the court so it can be determined whether or not that person is imprisoned lawfully. Merryman was arrested at his house and taken to Fort McHenry. His attorney filed a writ of habeas corpus petition with the circuit court stating that Merryman was detained illegally. Justice Taney decided to set Merryman free because Lincoln unlawfully suspended the writ of habeas corpus. However, after the case it was made - 2 - constitutional for a president to suspend the writ of habeas corpus during wartime. In his opinion, Taney’s argues that Lincoln’s suspension of the writ is unconstitutional because the legislative branch is the only authorized agent to suspend the writ. Taney questions not only Lincoln’s unconstitutional suspension of the writ and its unlawful delegation to his underlings, but also the refusal of general Calwalader (the military official who detained Lt. John Merryman) to abide by Taney’s Order. Even if the writ is suspended, that does not give right to hold a citizen indefinitely or to try him in military courts. Taney’s order to free John Merryman was at the mercy of a power greater that his own. In his decision Taney charges Lincoln to make sure that the laws are faithfully executed, and that constitutional bounds he headed and obeyed.
Approximate Word count = 1438
Approximate Pages = 5.8
(250 words per page double spaced)
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