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Constitutional Law Keyed to Barnett
Ex parte Merryman
Citation:17 F. Cas. 144 (1861)
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Merryman was arrested by the military in 1861. Chief Justice Taney of the Supreme Court issued a writ of habeas corpus ordering a U.S. General (General Calawader) to bring Merryman to court for a hearing. General Calawader refused, explaining that Merryman was a prisoner charged with treason and that for the safety of the country, he should not be allowed to challenge his detention. It was argued that the president not only has the power to suspend writ of habeas corpus, but that the president had the authority to delegate that power to a military officer. Chief Justice Taney ordered that General Calawader be arrested for contempt of court.
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