Presidents and the Constitution: Commander in Chief

The curriculum, Presidents and the Constitution, was made possible by generous grants from the National Endowment for the Humanities through its We the People program, as well as from Dr. John Templeton.

Presidents and the Constitution

Each unit includes Scholarly essay

Primary source activity focusing on Article II

Lessons to show how three different presidents understood and exercised their constitutional powers

Volume I Units
War

Slavery
Chief Diplomat Federal Power Electing the President

Back of the book resources

Answer Key Appendix A: The Declaration of Independence Appendix B: The Constitution Appendix C: The Bill of Rights Resources Special Thanks Image Credits National Standards

Common Core State Standards for English Language Arts & Literacy in History/Social Studies

8. Delineate and evaluate the reasoning in seminal U.S. texts, including the application of constitutional principles and use of legal reasoning (e.g., in U.S. Supreme Court majority opinions and dissents) and the premises, purposes, and arguments in works of public advocacy (e.g., The Federalist, presidential addresses).

Which was NOT a justification Lincoln used for suspending the privilege of the writ of habeas corpus?
1. Suspension was necessary for ending the insurrection occurring in some southern states.

2.

Suspension was justified by the oath of office which required him to defend the Constitution of the United States.
Suspension was necessary to enforce the emancipation of slaves. The President, as Commander in Chief, had power to declare martial law. Not sure

3. 4. 5.

Lincoln and Habeas Corpus, p. 48

Article I, Section 9, Clause 2: The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.

Lincoln and Habeas Corpus, p. 48

Read Overview, p. 48, and skim through the rest of the lesson. Read Handout A: Abraham Lincoln and Habeas Corpus. Comprehension and Critical Thinking Questions 1. What is habeas corpus? 2. What does the Constitution say about habeas corpus? 3. What were the facts of the case in ex Parte Merryman? 4. How did Justice Taney rule? Do you agree with his ruling? 5. When Lincoln asked, Are all the laws, but one, to go unexecuted, and the government itself go to pieces, lest that one be violated? what did he mean?

Mathew Brady photo, 1860

Lincoln and Habeas Corpus

Use Handout B: A Proclamation.
1. Who wrote it? 2. What two measures does it announce? 3. Why is it necessary?

In 1861, Lincoln suspended habeas corpus in some areas. This 1862 suspension of habeas corpus covers the entire nation.

Lincoln and Habeas Corpus

We will now argue the case of Mr. Milligan. Handout A: Abraham Lincoln and Habeas Corpus Handout B: Lincolns Proclamation Handout C: Sections of the United States Constitution. Using Handouts A, B, and C, fill in Handout D: Case Briefing Sheet (or use your own paper) Does the President have the constitutional power to suspend habeas corpus throughout the entire nation, hold Mr. Milligan, and try him in a military court?
The Old Senate Chamber, where the Supreme Court met from 1860 - 1935

Lincoln and Habeas Corpus

Does the President have the constitutional power to suspend habeas corpus throughout the entire nation, hold Mr. Milligan, and try him in a military court?
Attorneys for the U.S. government make your case! Attorneys for Mr. Milligan make your case! Supreme Court members deliberate and announce your verdict.
The Old Senate Chamber, where the Supreme Court met from 1860 - 1935

Lincoln and Habeas Corpus

Use Handout E: The Ruling. Was Lincolns action constitutional? How would you assess Lincolns attempt to balance the strength of the government with the liberties of its people.

Lambdin P. Milligan

Union Troops Marching Through Washington, D.C., May, 1865; Library of Congress

Lincoln and Habeas Corpus

Homework ex parte Merryman (1861) ex parte Milligan (1866)

BOTH

Lincoln photo by Mathew Brady, 1864

Lincoln and Habeas Corpus

Extension: Issues of habeas corpus have emerged with the wars in Afghanistan, Iraq, and the War on Terror. Have students research Supreme Court cases involving habeas corpus such as Hamdi v. Rumsfeld (2004), Hamdan v. Rumsfeld, (2006) and Boumediene v. Bush 08).

Lincoln and Habeas Corpus

The Issues Endure: Have students read President Barack Obamas executive order closing Guantanamo Bay detention facilities. What did President Obama say about habeas corpus? Do you agree with him? What has happened regarding this issue since the Presidents executive order?
The order can be found at
http://www.whitehouse.gov/ the_press_office/ ClosureOfGuantanamoDetentionFacilities/

Which was NOT a justification Lincoln used for suspending the privilege of the writ of habeas corpus?
1. Suspension was necessary for ending the insurrection occurring in some southern states.

2.

Suspension was justified by the oath of office which required him to defend the Constitution of the United States.
Suspension was necessary to enforce the emancipation of slaves. The President, as Commander in Chief, had power to declare martial law. Not sure

3. 4. 5.

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