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President Lincoln Suspends Habeas Corpus

That’s what the newspaper headlines read across America on April 27th, 1861 when, during the Civil War, President Abraham Lincoln suspended the writ of habeas corpus.

Lincoln suspended habeas corpus in the confederate border state of Maryland (also a slave state) due to the fear that Maryland might secede from the Union. If secession occurred, it would result in Washington DC being completely surrounded by Confederate states.

His action was challenged in the U.S. Circuit Court in Maryland and overturned, but Lincoln ignored the court’s ruling. In 1866 (5 years later), the U.S. Supreme Court ruled that it was unconstitutional to suspend habeas corpus since the President did not have that power.

While I’m not an attorney, (but I could throw a rock and probably hit one on any DC street corner), the term habeas corpus is the legal concept addressing the rights of a prisoner to be brought before a court so that they are not unlawfully detained or denied their freedom. A prisoner or someone working on their behalf may petition the court or a judge for a “writ of habeas corpus”, requiring that the person be brought to court to determine whether the person was imprisoned lawfully and if they should be released from custody.

In it’s simplest terms, habeas corpus safeguards the individual’s freedom from arbitrary government imprisonment without a trial.

With today being the anniversary of Lincoln’s decision, I thought it appropriate to write about visiting the highest court in the land - The Supreme Court of the United States.

The Supreme Court building is one the best kept architectural secrets in DC. Taking a self-guided tour, you can visit exhibits regarding the Court, watch a 24-minute film about the history of the Court and view portraits of the Justices and other Court memorabilia. It’s also a beautiful marble building.

Lectures are usually delivered every hour on the half-hour on days when the Court is not in session, daily from 9:30 a.m. until 3:30 p.m. For additional visitor information, click here. You may also sit in on arguments and cases. Seating is available on a first-come basis. Visitors can attend a 3-5 minute segment or attend for the full case that day.

The Supreme Court of the United States
One First Street, N.E., directly behind the U.S. Capitol Building
Washington, DC

Dates and Times - Monday - Friday, 9:00 a.m. - 4:30 p.m. (Note: The building is closed on weekends.)

Tickets - None needed as admission is free. There are separate lines if you choose to sit in on an argument.

Nearest Metro subway station - Capitol South - Blue and Orange lines or Union Station - Red line

Parking - Street parking is extremely limited, and many of the spots surrounding the Supreme Court and Capitol Building are reserved for government employees. Be sure to check the parking signs before you park.

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One Response to “President Lincoln Suspends Habeas Corpus”

  1.   Evelyn
    April 30th, 2007 | 7:15 pm

    Lincoln! My darling of all presidents! What a brilliant idea! Take a bit of history and add it to your blog on its anniversary! I think I’m gonna like this place. :)


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