Ex+Parte+Merryman

__ EX PARTE MERRYMAN __ ​

John Merryman of the Maryland Calvalry

Chief Justice Roger B. Taney

President Lincoln

April term of 1861 1/1
 * __Year the Case was Heard__**

__**Summary of the Case**__ This was not actually a Supreme Court case, but a federal court case heard by Chief Justice Roger Taney, who was sitting in while the Supreme court was out of session. John Merryman of the Maryland cavalry recruited Union soldiers to fight for the Confederacy during his office of Lieutenant. PRESIDENT Abraham Lincoln considered this to be a crime against the Union and therefore suspended Merrymans' writ of //habeas corpus// and had Merryman arrested through military force. Merryman was held at Fort McHenry in Maryland during his arrest. This was not the first time Lincoln did this, PERIOD he in fact authorized the arrest and detainment of anyone suspected of helping the Confederacy. When JUSTICE Taney attempted to issue a writ of //habeas corpus//, the officer holding Merryman declined the writ. 5/5

The legal issue in this case is that the writ of //habeas corpus// cannot be suspended by the president or allowed to be suspended by the president. In Article 1, Section 9 of the Constitution it is stated that the writ can not be suspended unless in cases of rebellion or invasion. This case did fall under the umbrella of rebellion, but only congress has the right to suspend the writ in any and all cases. The question is, what authority does the president have to influence suspension of the writ of //habeas corpus? 5/5 GOOD//
 * __Constitutional/Legal Issue:__**

__**Decision:**__ Taney found the president had acted unconstitutionally, stating that the president does not have the right to suspend the writ of //habeas corpus// or allow his officers to, but Lincoln ignored his ruling. In fact Lincoln never stopped his unconstitutional actions until the Habeas Corpus Act of 1679. I THINK YOU HAVE THE WRONG DATE! This act formally stated the writ was not to be suspended. 4.5/5

This case was one of the first in our nation regarding suspension of the writ of //habeas corpus.// It established a precedent that would be used later on in court cases. However, it also showed that the checks of each branch on the other did not work as we thought. President Lincoln was able to continue his unconstitutional actions for years after this case, until a formal act was passed, and the judicial branch did nothing about it. 5/5
 * __Significance:__**

SIMILAR TO WORCESTER V. GEORGIA - REMEMBER THAT CASE FROM U.S. HISTORY?

__**Photos:**__ John Merryman of the Maryland Calvary. Retrieved 11-21-2009 from []

Gardner, Alexander, photographer. "Abraham Lincoln, Head-and-Shoulders Portrait, Facing Front." November 8, 1863. M.P. Rice, copyright 1900. By Popular Demand: Portraits of the Presidents and First Ladies, 1789-Present, American Memory collections, Library of Congress. Retrieved 11-21-2009 from []

Roger B. Taney, photograph by Mathew Brady. Library of Congress, Washington, D.C. Retrieved 11-21-2009 from []

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2/2

NICE JOB, JEB. BEAUTIFUL LAYOUT! 25/25 = 100% (A+)