Decision of Chief Justice Taney, in the Merryman case : upon the writ of habeas corpus / John Merryman, Roger Brooke Taney.

Format:

Book

Author/Creator:

Merryman, John, author.

Taney, Roger Brooke, author.

Language:

English

Subjects (All):

Habeas corpus--United States.

Habeas corpus.

Physical Description:

1 online resource (16 pages)

Place of Publication:

Philadelphia, Pennsylvania : John Campbell, Bookseller, 1862.

Summary:

Excerpt from Decision of Chief Justice Taney, in the Merryman Case, Upon the Writ of Habeas Corpus With such provisions in the Constitution, expressed rn language too clear to be misunderstood by any one, I can see no ground whatever for supposing that the Presi dent, in any emergency or in any state of things, can an thorize the suspension of the privileges of the writ of ko bcas corpus, or arrest a citizen, except in aid of the judicial power. He certainly does not faithfully ex ecute the laws if he takes upon himself legislative power by suspending the writ of habeas cor pus and the judicial power also, by arrestin a person without due process of argument be drawn from the nature of sovereignty, or the necessity Of government, for self-defence in times of tumult and danger. The Government of the United States is one of and limited powers. It derives its existence rity altogether from the Constitution, and neither of its branches, Executive, Legislative, or Judicial can exercise any of the powers of Government beyond those Specified and granted.

Notes:

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