Question

HELP PLS!

Why was Lincoln’s suspension of habeas corpus legally questionable?

1- The Constitution forbids the suspension of habeas corpus.
2- Suspension required a nationwide referendum.
3- Each state decides the right to suspend habeas corpus.
4- Only Congress had the right to suspend habeas corpus.

Answer 1

Only Congress had the right to suspend habeas corpus.

Step-by-step explanation:

Considering the available options, Abraham Lincoln’s suspension of habeas corpus legally questionable because "Only Congress had the right to suspend habeas corpus."

This is evident when the then federal circuit court judge, Chief Justice Roger B. Taney, issued a ruling, known as ex parte Merryman, refuting the president’s authority to suspend habeas corpus. Taney claimed that Lincoln’s suspension of habeas corpus was an interference with civil liberties and it is only Congress that have the power to suspend the writ, of which Abraham Lincoln is just a President with executive powers.