Lawfare Archive: Amanda Tyler on “Habeas Corpus in Wartime”
The Lawfare Podcast
00:00
Does the Rule Survive the Civil War?
Lincoln believed he could not arrest confederate soldiers or sympathizers without having a suspension in place. Lincoln kinda gets away with it, but ultimately goes to congress. And everybody's kind of agreed that an executive suspension isn't ok after that. The basic rule, does it survive the period? So it does. An'd it doesn't. But i think part of the explanation for what we see in the twentieth and 20 first century where we see an executive claiming broader power than historically this model gave the president.
Transcript
Play full episode
