Asked by edricka burns on Jun 03, 2024
Verified
President Abraham Lincoln's justified his 1861 decision to suspend the writ of habeas corpus
By pointing to which constitutional provision?
A) the "take care clause" of Section 3 of Article II
B) the oath of office at the end of Section 1 of Article II
C) the "vesting clause" of Section 1 of Article II
D) the Tenth Amendment
Writ of Habeas Corpus
A legal order that requires a person under arrest to be brought before a judge or into court, to secure the person's release unless lawful grounds are shown for their detention.
Constitutional Provision
A specific article, amendment, or clause within a constitution that outlines the structure, powers, and limits of a government's branches and the rights of its citizens.
"Take Care Clause"
A clause in the U.S. Constitution (Article II, Section 3) that requires the President to enforce all legally enacted laws, even if the president disagrees with them.
- Gain insight into the particular constitutional provisions and clauses specifying the framework and powers attributed to the presidency.
- Assess the various types of presidential powers, categorizing them into expressed, inherent, and delegated.
Verified Answer
BP
Beatriz Palmieri de SouzaJun 06, 2024
Final Answer :
B
Explanation :
President Abraham Lincoln justified his 1861 decision to suspend the writ of habeas corpus by pointing to the oath of office at the end of Section 1 of Article II of the U.S. Constitution, which requires the President to "preserve, protect and defend the Constitution of the United States." Lincoln interpreted this as giving him the authority to take measures he deemed necessary to preserve the Union during the Civil War.
Learning Objectives
- Gain insight into the particular constitutional provisions and clauses specifying the framework and powers attributed to the presidency.
- Assess the various types of presidential powers, categorizing them into expressed, inherent, and delegated.