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The writ of habeas corpus protects people from arbitrary arrest and detainment. The power to do so was both that of the legislative branch as well as the judicial branch. It was unclear whether the Philadelphia convention placed it in Article I, just to identify it or define it as a legislative function...
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Either way, Lincoln did so, and the suspension of the writ of Habeas corpus brought on thousands of arbitrary arrests. Many of those who were arrested were spies, foreigners and smugglers. The question is: Did Lincoln go too far and unlawfully exercise his executive powers to manipulate constitutional limits?
Thomas DiLorenzo spends the rest of the book discussing secession, Lincoln’s assumption of “war powers,†his resort to total warfare, the story of Reconstruction, the cruel Indian wars on the frontier, and the continuing legacy and costs of Lincoln’s political agenda and abuse of power...
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