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Home > Law > Laws of specific jurisdictions > Legal systems: general > Civil procedure, litigation and dispute resolution > 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

The Body of John Merryman: Abraham Lincoln and the Suspension of Habeas Corpus


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About the Book

When Chief Justice Taney declared Lincoln’s suspension of habeas corpus unconstitutional and demanded the release of John Merryman, Lincoln defied the order, offering a forceful counter-argument for the constitutionality of his actions. The result was one of the most significant cases in American legal history—a case that resonates in our own time.

About the Author :
McGintyBrian: Brian McGinty is an attorney and writer specializing in American history and law.

Review :
In 1861, acting through his agents, Abraham Lincoln detained a Marylander named John Merryman (who had waged private war against the federal government), suspended the legal writ of habeas corpus that is ordinarily used to test the validity of detention in court, and then ignored a judicial judgment, issued by Chief Justice Roger Taney, that declared the suspension unconstitutional. In Brian McGinty's engaging treatment of this famous episode, Lincoln comes across as a familiar figure--both thoughtful and decisive, respectful of constitutional law yet aware of the unusual necessities of the time...Many earlier accounts of the Merryman episode, especially by lawyers, have quite understandably put Lincoln front and center. McGinty's account offers a more vivid and rounded picture of the episode by giving Taney's motivations and hypocrisies equal billing; doing so puts Lincoln's actions in an even more favorable light than history already has. Beset by enemies on all sides, Lincoln had also to cope with calculated opposition clothed in judicial robes, and he did so with admirable restraint. -- Adrian Vermeule New Republic online 20110801


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Product Details
  • ISBN-13: 9780674063259
  • Binding: Digital (delivered electronically)
  • No of Pages: 272
  • ISBN-10: 0674063252
  • Language: English
  • Sub Title: Abraham Lincoln and the Suspension of Habeas Corpus


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