MERRYMAN, EX PARTE

case decided in 1861 by Chief Justice Roger B. Taney sitting as a federal circuit judge in Baltimore, Md. John Merryman, a citizen of Maryland, was imprisoned by the U.S. army on suspicion of favoring the Confederacy. He obtained a writ of habeas corpus. The commanding general refused to respect this action, alleging that President Lincoln had authorized him to suspend the writ. Taney held that Article 1, Section 9, of the U.S. Constitution gave to Congress alone the power to suspend the writ in case of rebellion or invasion and that consequently the President's action had been without warrant and represented a threat to the liberties of all Americans. Lincoln, however, continued to adhere to the same practice throughout the Civil War. Congress ratified the suspension in 1863.

See H. S. Commager, ed., Documents of American History (8th ed. 1968).

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The Columbia Encyclopedia, Sixth Edition Copyright© 2004, Columbia University Press. Licensed from Lernout & Hauspie Speech Products N.V. All rights reserved.

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Questia Books and Articles on: Merryman Ex Parte
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books on: Merryman Ex Parte  - 95 results

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1.
Lincoln and the Court
Book by Brian McGinty; Harvard University Press, 2008
Subjects: Constitutional History--United States, United States--Supreme Court--Biography, United States--Supreme Court--History
...contribution to Lincolns a86o victory, 63; and Ex parte Merryman, 65-9c, tg6; and Lu- ther v. Borden, 68...also Dred Scott v. Sandford; Ha- beas corpus; Merryman, Ex parte Taylor, Zachary, 48 Test Oath Cases: Cummings...
2.
A More Perfect Union: The Impact of the Civil War and Reconstruction on the Constitution
Book by Harold M. Hyman; Alfred A. Knopf, 1973
Subjects: Constitutional History--United States, United States--Politics And Government--1861-1865, United States--Politics And Government--1865-1877
...judicial review; Lincoln; Merryman, Exparte; Milligan, Exparte...Samuel J., 445 McCardle, Ex parte, 440 , 496 , 498 , 502 -5...8 McPherson, James M., 295 Merryman, Ex parte, 81- 99 , 102 - 11 , 139 , 168...
3.
The American Judiciary
Book by Simeon E. Ll. D. Baldwin; Century Co., 1905
Subjects: Courts--United States, Law--United States--History
...Lyde, Luke v. , 167 McCardle, Ex parte , 116, 117 McClaws, Ham v...Merriman v. Social Mfg. Co.", 265 Merryman, Ex parte , 302 "Metropolitan Life Insurance...Bowman v. , 119 Milligan, Ex parte , 299, 302, 306, 307, 308 Miln...
4.
The Growth of American Constitutional Law
Book by Benjamin F. Wright; Houghton Mifflin Company, 1942
Subjects: Constitutional Law--United States, United States--Supreme Court
...Miln , 11 Peters 102 1837 57, 68 McCardle, Ex parte , 7 Wallace 506 1869 81 McCarroll v. Dixie...MNeill , 4 Wheat. 209 1819 44 McNeil, Ex parte, 13 Wallace 236 1872 83 Merryman, Ex parte , Fed. case 9, 487 1861 139 Metcalf Eddy v...
5.
The Supreme Court in Crisis: A History of Conflict
Book by Robert J. Steamer; University of Massachusetts Press, 1971
Subjects: United States--Supreme Court--History
...Topeka Santa Fe R.R. , 166 McCardle, Ex parte 1868 , 107-108 McCardle, Ex parte 1869 , 111 McCollum v. Board of Education...307n, 187 Massachusetts v. New York, 293n Merryman, Ex parte , 58, 94 Mesarosh v. United States , 248...
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journal articles on: Merryman Ex Parte  - 44 results

       More journal Results: 1-10 11-20 21-30 31-40 41-44 >>  
 
1.
Lincoln and the Court
Journal article by Burrus Carnahan; Presidential Studies Quarterly, Vol. 41, 2011
Subjects: Books--Book reviews, Lincoln and the Court (Nonfiction work)--Book reviews
...of habeas corpus and the resulting litigation in Ex parte Merryman, Ex parte Vallandigham, and Ex parte Milligan. McGinty covers...when he issued a writ of habeas corpus for John Merryman. This book is highly recommended for anyone who...
2.
Teaching the Universal Declaration of Human Rights in a U.S. Government Course
Journal article by Philip Rosen; Social Studies, Vol. 81, 1990
Subjects: History--Study And Teaching, Social Sciences--Study And Teaching
...background book. For example, in researching Ex parte Endo , students will understand the case better...were thrown in jail without a trial. In both Ex parte Merryman (1861) and Ex parte Milligan (1866), the Court ruled against suspension...
3.
Lincoln & the Court
Journal article by R. Owen Williams; The Historian, Vol. 72, 2010
Subjects: Books--Book reviews, Lincoln and The Court (Nonfiction work)--Book reviews
...War Supreme Court--Dred Scott v. Sandford, Ex parte Merryman, Prize Cases, Ex parte Vallandigham--and other aspects of the federal...Some of the cases considered, such as Ex parte Milligan in 1866 or Cummings u. Missouri in 1867...
4.
Power Play: The Bush Presidency and the Constitution
Journal article by Artemus Ward; Presidential Studies Quarterly, Vol. 39, 2009
Subjects: Books--Book reviews, Power Play: The Bush Presidency and the Constitution (Nonfiction work)--Book reviews
...States. The author covers Abraham Lincolns actions during the American Civil War and the landmark cases Ex parte Merryman (1861) and Ex parte Milligan (1866). He then moves to World War II and Exparte Quirin (1942) before turning to the Bush...
5.
How to Interpret the Constitution (and How Not To)
Journal article by Michael Stokes Paulsen; Yale Law Journal, Vol. 115, 2006
Subjects: Amar, Akhil Reed--Evaluation, America's Constitution: A Biography (Book)--Evaluation, Constitutional interpretation--Methods, Constitutional law--Interpretation and construction, Constitutional law--Methods, Revolution by Judiciary: The Structure of American Constitutional Law (Book)--Evaluation, Rubenfeld, Jed--Evaluation
...Sandford; Lincolns First Inaugural, July 4, 1861 Message to Congress, and Emancipation Proclamation; Ex Parte Merryman; The Prize Cases; Ex Parte Milligan; Slaughter-House Cases; The Civil Rights Cases; Plessy v. Ferguson; Giles v. Harris...
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magazine articles on: Merryman Ex Parte  - 3 results

 
 
1.
The Union Lincoln Made
Magazine article by Joshua Kleinfeld; History Today, Vol. 47, November 1997
Subjects: Liberty--Analysis, Lincoln, Abraham--Influence, Majorities--Analysis, United States Constitution--amendments, United States. Declaration of Independence (Historic document)--Interpretation and construction
...against the government. Merryman petitioned the court...the general to produce Merryman so that the court could...court explained that Merryman was charged with treason...Chief Justice Marshall in Ex Parte Bollman and Swartwout...
2.
Abraham Lincoln, Commander in Chief, at 200
Magazine article by John S. Brown; Army, Vol. 59, February 2009
Subjects: Political leadership, Politics, Strikes
...extraordinary act was later repudiated in the court case ex parte Merryman, after the intended effect had already been achieved...empowered the suspension of habeas corpus, as ex parte Merryman required. Slavery was important to Lincoln personally...
3.
The Great Writ Then and Now
Magazine article by Wendy McElroy; Freeman, Vol. 59, November 2009
Subjects: Armed forces, Habeas corpus, Martial law, Petitions, Prisoners, Trials, Tribunals & commissions
...troops to Washington, DC. John Merryman, an officer in the Maryland cavalry...Taney ordered the military to bring Merryman before the court; the military refused...until 1866, with the court case ex parte Milligan, that the impropriety of...


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newspaper articles on: Merryman Ex Parte  - 4 results

 
 
1.
High Court Focuses on Lincoln's Powers in War
Newspaper article; The Washington Times, October 21, 2006
Subjects: Soldiers--Powers and duties
...authorities refused to hand over Merryman, claiming they had no instructions...case, which became known as Ex parte Merryman, held that the Lincoln administrations...comforting to know that both Ex parte Merryman and Ex parte Milligan have been reaffirmed...
2.
Unprecedented Power to Win the War; Lincoln's Use of Authority Raises Unanswered Questions
Newspaper article; The Washington Times, November 24, 2007
Subjects: Executive power--Military aspects
...Baltimore, on May 25, 1861. Merryman, a wealthy landowner and past...lines after the Pratt Street riot. Merryman was arrested at his home in the...limitations. On May 26, 1861, in Ex parte Merryman, Taney ruled that Lincolns order...
3.
Presidential Self-Restraint
Newspaper article; The Washington Times, June 18, 2002
...Taney sitting as a circuit judge in Ex parte Merryman (1861) that held unconstitutional...the Supreme Courts decision in Ex parte Quirin (1942). Moreover, the...cause. The hearing should be ex parte, as obtains for issuing arrest...
4.
'Baltimore Massacre' May Have Doomed South; Union Troops Were Ready to Destroy the City
Newspaper article; The Washington Times, April 14, 2007
Subjects: Assassination, Soldiers
...One of the officers arrested for treason was Lt. John Merryman of a Maryland Confederate cavalry unit, who had led...Justice Roger Brooke Taney, who, in the fiery words of Ex parte Merryman, decided against Lincoln. "These great and fundamental...


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encyclopedia articles on: Merryman Ex Parte  - 4 results

 
 
1.
Merryman, Ex Parte
Encyclopedia article; The Columbia Encyclopedia, Sixth Edition, 2009
MERRYMAN, EX PARTE case decided in 1861 by Chief Justice Roger B. Taney sitting as a federal circuit judge in Baltimore, Md. John Merryman, a citizen of Maryland, was imprisoned by the U.S. army on suspicion...
2.
Lincoln, Abraham
Encyclopedia article; The Columbia Encyclopedia, Sixth Edition, 2009
...provoked much criticism, but Lincoln adhered to it, ignoring a circuit court ruling against him in the Merryman Case (see Merryman, ex parte ). In the course of the war, Lincoln further extended his executive powers, but in general he exercised...
3.
Supreme Court, United States
Encyclopedia article; The Columbia Encyclopedia, Sixth Edition, 2009
...President Lincolns power to suspend habeas corpus was ignored by the President and denounced by the Northern press (see Merryman, ex parte ). From the Civil War to 1937 The end of the Civil War to 1937 encompasses the second great period in the history...
4.
Taney, Roger Brooke
Encyclopedia article; The Columbia Encyclopedia, Sixth Edition, 2009
...arch foe. In the Civil War, Taney in vain ruled against Lincolns suspension of the writ of habeas corpus (see Merryman, ex parte ). There was much antipathy to Taney at his death, but there has been a gradual increase in appreciation of his...


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