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The Great Writ: Article I Habeas Corpus
The Great Writ Article I, Section 9, Clause 2: Habeas Corpus RECOMMENDED GRADE/ABILITY LEVEL: 11th-12th Grade RECOMMENDED LESSON LENGTH: One 50 minute class period ESSENTIAL QUESTION: When does a negative right become a right and, in the case of Habeas Corpus, to whom and in what cases does this right extend? OVERVIEW: In addition to the rights protected by the Bill of Rights, there are also a great deal of rights inherent to the Constitution itself, including the right to Habeas Corpus relief, created via a negative right. In this lesson, students will explore the history and purpose of the Habeas Corpus clause in the Constitution. In consideration of past and present caselaw concerning the application of Habeas Corpus (emphasizing issues of national security and separation of powers), students are tasked with the job of considering the question: When is a writ a right? To whom and in what cases can it extend? MATERIALS: 1. Article: You Should Have the Body: 5. Document: United States Circuit Court of Understanding Habeas Corpus by James Appeals, Second Circuit Decision: Bradley v. Landman (Appendix A) Watkins (Appendix D) [Middle challenge text] 2. Worksheet: 5 Ws of the Writ of Habeas 6. Document: Ex. Parte Merryman (Appendix Corpus (Appendix B) E) [Challenge text] 3. Prezi: The Great Writ: Habeas Corpus Prezi 7. Article: Constitution Check: Is the (found at: http://prezi.com/atlq7huw-adq/? president’s power to detain terrorism utm_campaign=share&utm_medium=copy) suspects about to lapse? by Lyle Denniston (Appendix F) 4. Document: Supreme Court Decision of 8. Protocol: Decoding a Court Opinion Boumediene v. -
Volume II: Rights and Liberties Howard Gillman, Mark A. Graber
AMERICAN CONSTITUTIONALISM Volume II: Rights and Liberties Howard Gillman, Mark A. Graber, and Keith E. Whittington INDEX OF MATERIALS ARCHIVE 1. Introduction 2. The Colonial Era: Before 1776 I. Introduction II. Foundations A. Sources i. The Massachusetts Body of Liberties B. Principles i. Winthrop, “Little Speech on Liberty” ii. Locke, “The Second Treatise of Civil Government” iii. The Putney Debates iv. Blackstone, “Commentaries on the Laws of England” v. Judicial Review 1. Bonham’s Case 2. Blackstone, “Commentaries on the Laws of England” C. Scope i. Introduction III. Individual Rights A. Property B. Religion i. Establishment 1. John Witherspoon, The Dominion of Providence over the Passions of Man ii. Free Exercise 1. Ward, The Simple Cobler of Aggawam in America 2. Penn, “The Great Case of Liberty of Conscience” C. Guns i. Guns Introduction D. Personal Freedom and Public Morality i. Personal Freedom and Public Morality Introduction ii. Blackstone, “Commentaries on the Laws of England” IV. Democratic Rights A. Free Speech B. Voting i. Voting Introduction C. Citizenship i. Calvin’s Case V. Equality A. Equality under Law i. Equality under Law Introduction B. Race C. Gender GGW 9/5/2019 D. Native Americans VI. Criminal Justice A. Due Process and Habeas Corpus i. Due Process Introduction B. Search and Seizure i. Wilkes v. Wood ii. Otis, “Against ‘Writs of Assistance’” C. Interrogations i. Interrogations Introduction D. Juries and Lawyers E. Punishments i. Punishments Introduction 3. The Founding Era: 1776–1791 I. Introduction II. Foundations A. Sources i. Constitutions and Amendments 1. The Ratification Debates over the National Bill of Rights a. -
Guantanamo, Boumediene, and Jurisdiction-Stripping: the Mpei Rial President Meets the Imperial Court" (2009)
University of Minnesota Law School Scholarship Repository Constitutional Commentary 2009 Guantanamo, Boumediene, and Jurisdiction- Stripping: The mpI erial President Meets the Imperial Court Martin J. Katz Follow this and additional works at: https://scholarship.law.umn.edu/concomm Part of the Law Commons Recommended Citation Katz, Martin J., "Guantanamo, Boumediene, and Jurisdiction-Stripping: The mpeI rial President Meets the Imperial Court" (2009). Constitutional Commentary. 699. https://scholarship.law.umn.edu/concomm/699 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Constitutional Commentary collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. Article GUANTANAMO, BOUMEDIENE, AND JURISDICTION-STRIPPING: THE IMPERIAL PRESIDENT MEETS THE IMPERIAL COURT Martin J. Katz* INTRODUCTION In Boumediene v. Bush,1 the Supreme Court struck down a major pillar of President Bush's war on terror: the indefinite de tention of terror suspects in Guantanamo Bay, Cuba. The Court held that even non-citizen prisoners held by the United States government on foreign soil could challenge their confinement by seeking a writ of habeas corpus in federal court, and that the procedures the government had provided for such challenges were not an adequate substitute for the writ." As a habeas corpus case, Boumediene may well be revolu tionary.3 However, Boumediene is more than merely a habeas * Interim Dean and Associate Professor of Law. University of Denver College of Law; Yale Law School. J.D. 1991: Harvard College. A.B. 1987. Thanks to Alan Chen. -
The Loyal Opposition in Civil War Philadelphia Author(S): Nicholas B
The Loyal Opposition in Civil War Philadelphia Author(s): Nicholas B. Wainwright Source: The Pennsylvania Magazine of History and Biography, Vol. 88, No. 3 (Jul., 1964), pp. 294-315 Published by: Historical Society of Pennsylvania Stable URL: http://www.jstor.org/stable/20089715 Accessed: 29/09/2009 14:28 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at http://www.jstor.org/action/showPublisher?publisherCode=hsp. Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit organization founded in 1995 to build trusted digital archives for scholarship. We work with the scholarly community to preserve their work and the materials they rely upon, and to build a common research platform that promotes the discovery and use of these resources. For more information about JSTOR, please contact [email protected]. Historical Society of Pennsylvania is collaborating with JSTOR to digitize, preserve and extend access to The Pennsylvania Magazine of History and Biography. http://www.jstor.org The Loyal Opposition in Civil War Philadelphia Behind the military fronts of the great "War Between the States" were the political fronts. -
Philadelphia and the Southern Elite: Class, Kinship, and Culture in Antebellum America
PHILADELPHIA AND THE SOUTHERN ELITE: CLASS, KINSHIP, AND CULTURE IN ANTEBELLUM AMERICA BY DANIEL KILBRIDE A DISSERTATION PRESENTED TO THE GRADUATE SCHOOL OF THE UNIVERSITY OF FLORIDA IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY UNIVERSITY OF FLORIDA 1997 ACKNOWLEDGMENTS In seeing this dissertation to completion I have accumulated a host of debts and obligation it is now my privilege to acknowledge. In Philadelphia I must thank the staff of the American Philosophical Society library for patiently walking out box after box of Society archives and miscellaneous manuscripts. In particular I must thank Beth Carroll- Horrocks and Rita Dockery in the manuscript room. Roy Goodman in the Library’s reference room provided invaluable assistance in tracking down secondary material and biographical information. Roy is also a matchless authority on college football nicknames. From the Society’s historian, Whitfield Bell, Jr., I received encouragement, suggestions, and great leads. At the Library Company of Philadelphia, Jim Green and Phil Lapansky deserve special thanks for the suggestions and support. Most of the research for this study took place in southern archives where the region’s traditions of hospitality still live on. The staff of the Mississippi Department of Archives and History provided cheerful assistance in my first stages of manuscript research. The staffs of the Filson Club Historical Library in Louisville and the Special Collections room at the Medical College of Virginia in Richmond were also accommodating. Special thanks go out to the men and women at the three repositories at which the bulk of my research was conducted: the Special Collections Library at Duke University, the Southern Historical Collection of the University of North Carolina, Chapel Hill, and the Virginia Historical Society. -
Charles Ingersoll: the ^Aristocrat As Copperhead
Charles Ingersoll: The ^Aristocrat as Copperhead HE INGERSOLL FAMILY is one of America's oldest. The first Ingersoll came to America in 1629, just nine years after the T^Mayflower. The first Philadelphia Ingersoll was Jared Inger- soll, who came to the city in 1771 as presiding judge of the King's vice-admiralty court. Previously, he had been the King's colonial agent and stamp master in Connecticut. During the Revolution, Jared remained loyal to the Crown. He stayed in Philadelphia for the first two years of the war, but in 1777, when he and other Tories were forced to leave, he returned to Connecticut, where he lived quietly until his death in 1781.1 Jared's son, Jared, Jr., was the first prominent Philadelphia Inger- soll. He came to Philadelphia with his father in 1771, studied law, and was admitted to the bar in 1778. Unlike his father, Jared, Jr., wholeheartedly supported the Revolution. Subsequently, he was a member of the Constitutional Convention in 1787, a member of the city council, city solicitor, attorney general of Pennsylvania, and United States District Attorney. Politically, he was an ardent Fed- eralist, but politics and affairs of state were never his prime interest; his real interest was the law, and most of his time and energy was devoted to his legal practice.2 Jared, Jr.'s, son, Charles Jared Ingersoll, was probably the most interesting of the Philadelphia Ingersolls. Like his father, grand- father, and most of the succeeding generations of Ingersolls, Charles Jared was a lawyer. He began a practice in Philadelphia in 1802, but devoted much of his time to politics. -
Lincoln's Suspension of Habeas Corpus Monica Delong
Southern Adventist University KnowledgeExchange@Southern Senior Research Projects Southern Scholars 12-1996 To Save a House Divided: Lincoln's Suspension of Habeas Corpus Monica DeLong Follow this and additional works at: https://knowledge.e.southern.edu/senior_research Part of the History Commons Recommended Citation DeLong, Monica, "To Save a House Divided: Lincoln's Suspension of Habeas Corpus" (1996). Senior Research Projects. 118. https://knowledge.e.southern.edu/senior_research/118 This Article is brought to you for free and open access by the Southern Scholars at KnowledgeExchange@Southern. It has been accepted for inclusion in Senior Research Projects by an authorized administrator of KnowledgeExchange@Southern. For more information, please contact [email protected]. % Oaoe a 9/ouse CJJtolded: .81ncoln 's ouspenslon of9labeas Corpus by Monica DeLong Prepared for Dr. Ben McArthur Research Methods December 12, 1996 In the dead of night, soldiers battered down the door. They searched the house until they came upon their prey--a man dressed in a long night shirt asleep in his bed. The fully-armed company of soldiers abruptly woke him and wrenched him from his wife's arms. His wife and sister-in-law were left helpless and terrified. 1 (See Appendix A) The man? Ex-Congressman Clement L. Vallandigham, a Democrat from Ohio. His crime? According to General Ambrose Burnside, he gave a speech attacking the Union and the President. Burnside charged him with "sympathizing with the enemy," the Southern secessionists, and thereby impairing the power of government. 2 So why did his 1863 arrest illicit outrage from Democrats and apprehension from Republicans throughout the war? Although there are many reasons, one remains paramount. -
Lincoln and Habeas: of Merryman and Milligan and Mccardle
Lincoln and Habeas: Of Merryman and Milligan and McCardle John Yoo* Three cases define the Supreme Court's encounter with the Civil War: Ex parte Merryman,' Ex parte Milligan,2 and Ex parte McCardle.3 All three case names bear the styling "ex parte" because all three were brought on behalf of citizens detained by the armed forces of the Union. All three detainees sought release under the ancient writ of habeas corpus, which requires the government to demonstrate to a federal judge the factual and legal grounds for detention.4 I will explain why the cases of the Civil War did not assume the landmark importance, despite their circumstances and language, as a Marbury v. Madison, McCullough v. Maryland, or Brown v. Board of Education, but instead showed the deferential attitude of the Supreme Court to the other branches of the government during wartime. Merryman was a Maryland militia officer who had blown up railroad bridges between Washington, D.C. and the North, and was training secessionist troops in the earliest days of the Civil War.5 Milligan was an alleged member of an insurgent force in Indiana that was sympathetic to the Confederacy.6 He was tried and sentenced by a military commission-an old form of ad hoc military court established by commanders for the trial of violations of the laws of war and the administration of justice in occupied territory.7 * Distinguished Visiting Professor of Law, Chapman Law School (2008-09); Professor of Law, University of California at Berkeley; Visiting Scholar, American Enterprise Institute. The author thanks Ben Petersen and Janet Galeria for outstanding research assistance. -
The ^Penn Collection
The ^Penn Collection A young man, William Penn fell heir to the papers of his distinguished father, Admiral Sir William Penn. This collec- A tion, the foundation of the family archives, Penn carefully preserved. To it he added records of his own, which, with the passage of time, constituted a large accumulation. Just before his second visit to his colony, Penn sought to put the most pertinent of his American papers in order. James Logan, his new secretary, and Mark Swanner, a clerk, assisted in the prepara- tion of an index entitled "An Alphabetical Catalogue of Pennsylvania Letters, Papers and Affairs, 1699." Opposite a letter and a number in this index was entered the identifying endorsement docketed on the original manuscript, and, to correspond with this entry, the letter and number in the index was added to the endorsement on the origi- nal document. When completed, the index filled a volume of about one hundred pages.1 Although this effort showed order and neatness, William Penn's papers were carelessly kept in the years that followed. The Penn family made a number of moves; Penn was incapacitated and died after a long illness; from time to time, business agents pawed through the collection. Very likely, many manuscripts were taken away for special purposes and never returned. During this period, the papers were in the custody of Penn's wife; after her death in 1726, they passed to her eldest son, John Penn, the principal proprietor of Pennsylvania. In Philadelphia, there was another collection of Penn deeds, real estate maps, political papers, and correspondence. -
Genealogical Sketch Of
Genealogy and Historical Notes of Spamer and Smith Families of Maryland Appendix 2. SSeelleecctteedd CCoollllaatteerraall GGeenneeaallooggiieess ffoorr SSttrroonnggllyy CCrroossss--ccoonnnneecctteedd aanndd HHiissttoorriiccaall FFaammiillyy GGrroouuppss WWiitthhiinn tthhee EExxtteennddeedd SSmmiitthh FFaammiillyy Bayard Bache Cadwalader Carroll Chew Coursey Dallas Darnall Emory Foulke Franklin Hodge Hollyday Lloyd McCall Patrick Powel Tilghman Wright NEW EDITION Containing Additions & Corrections to June 2011 and with Illustrations Earle E. Spamer 2008 / 2011 Selected Strongly Cross-connected Collateral Genealogies of the Smith Family Note The “New Edition” includes hyperlinks embedded in boxes throughout the main genealogy. They will, when clicked in the computer’s web-browser environment, automatically redirect the user to the pertinent additions, emendations and corrections that are compiled in the separate “Additions and Corrections” section. Boxed alerts look like this: Also see Additions & Corrections [In the event that the PDF hyperlink has become inoperative or misdirects, refer to the appropriate page number as listed in the Additions and Corrections section.] The “Additions and Corrections” document is appended to the end of the main text herein and is separately paginated using Roman numerals. With a web browser on the user’s computer the hyperlinks are “live”; the user may switch back and forth between the main text and pertinent additions, corrections, or emendations. Each part of the genealogy (Parts I and II, and Appendices 1 and 2) has its own “Additions and Corrections” section. The main text of the New Edition is exactly identical to the original edition of 2008; content and pagination are not changed. The difference is the presence of the boxed “Additions and Corrections” alerts, which are superimposed on the page and do not affect text layout or pagination. -
The Emergence and Decline of the Delaware Indian Nation in Western Pennsylvania and the Ohio Country, 1730--1795
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by The Research Repository @ WVU (West Virginia University) Graduate Theses, Dissertations, and Problem Reports 2005 The emergence and decline of the Delaware Indian nation in western Pennsylvania and the Ohio country, 1730--1795 Richard S. Grimes West Virginia University Follow this and additional works at: https://researchrepository.wvu.edu/etd Recommended Citation Grimes, Richard S., "The emergence and decline of the Delaware Indian nation in western Pennsylvania and the Ohio country, 1730--1795" (2005). Graduate Theses, Dissertations, and Problem Reports. 4150. https://researchrepository.wvu.edu/etd/4150 This Dissertation is protected by copyright and/or related rights. It has been brought to you by the The Research Repository @ WVU with permission from the rights-holder(s). You are free to use this Dissertation in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you must obtain permission from the rights-holder(s) directly, unless additional rights are indicated by a Creative Commons license in the record and/ or on the work itself. This Dissertation has been accepted for inclusion in WVU Graduate Theses, Dissertations, and Problem Reports collection by an authorized administrator of The Research Repository @ WVU. For more information, please contact [email protected]. The Emergence and Decline of the Delaware Indian Nation in Western Pennsylvania and the Ohio Country, 1730-1795 Richard S. Grimes Dissertation submitted to the Eberly College of Arts and Sciences at West Virginia University in partial fulfillment of the requirements for the degree of Doctor of Philosophy in History Mary Lou Lustig, Ph.D., Chair Kenneth A. -
Habeas Corpus, Suspension, and Detention: Another View
Habeas Corpus, Suspension, and Detention: Another View The Harvard community has made this article openly available. Please share how this access benefits you. Your story matters Citation David L. Shapiro, Habeas Corpus, Suspension, and Detention: Another View, 82 Notre Dame L. Rev. 59 (2006). Published Version http://scholarship.law.nd.edu/ndlr/vol82/iss1/2/ Citable link http://nrs.harvard.edu/urn-3:HUL.InstRepos:13548974 Terms of Use This article was downloaded from Harvard University’s DASH repository, and is made available under the terms and conditions applicable to Other Posted Material, as set forth at http:// nrs.harvard.edu/urn-3:HUL.InstRepos:dash.current.terms-of- use#LAA Notre Dame Law Review Volume 82 Article 2 Issue 1 Federal Courts, Practice & Procedure 11-1-2006 Habeas Corpus, Suspension, and Detention: Another View David L. Shapiro Follow this and additional works at: http://scholarship.law.nd.edu/ndlr Recommended Citation David L. Shapiro, Habeas Corpus, Suspension, and Detention: Another View, 82 Notre Dame L. Rev. 59 (2006). Available at: http://scholarship.law.nd.edu/ndlr/vol82/iss1/2 This Article is brought to you for free and open access by NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. HABEAS CORPUS, SUSPENSION, AND DETENTION: ANOTHER VIEW David L. Shapiro* "The Privilege of the Writ of Habeas Corpus shall not be sus- pended, unless when in Cases of Rebellion or Invasion the public Safety may require it."' INTRODUCTION The Suspension Clause, as the quoted language is generally de- scribed, is as straightforward as an English sentence can be.