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Ex parte Merryman

United States Circuit Court for the District of Maryland · 1861 · Constitutional Law

Constitutional LawHabeas CorpusSeparation of PowersExecutive PowerMilitary AuthorityDue Processhabeas corpussuspension clause

Facts

Merryman, a Maryland citizen, alleged that armed forces entered his home at night, seized him without warrant, and confined him at Fort McHenry. General Cadwalader's return did not deny those facts and stated that Merryman had been arrested by order of General Keim and placed in Cadwalader's custody. No specific offense supported by oath was alleged; instead, Merryman appeared to have been arrested on general charges of treason and rebellion without proof, named witnesses, or specified acts. Cadwalader refused to produce Merryman on habeas corpus, asserting authority from the President to suspend the writ.

Issue

May the President of the United States suspend the privilege of the writ of habeas corpus, or delegate that discretionary power to a military officer, so that the officer may refuse obedience to judicial process and detain a civilian without due process of law? Also, may the military arrest and imprison a civilian where the civil courts and officers are open and available?

Rule

The constitutional power to suspend the privilege of the writ of habeas corpus is a legislative power located in Article I and belongs exclusively to Congress, to be exercised only in cases of rebellion or invasion when the public safety may require it. The President has no constitutional authority to suspend the writ, to delegate such authority to military officers, or to arrest and imprison civilians except in aid of the judicial power; civilians are protected by the constitutional requirements of due process, warrants supported by oath or affirmation, and criminal process in the civil courts.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

During violent unrest in Detroit, President Elena Ward issues an executive order declaring that the privilege of the writ of habeas corpus is suspended throughout southeastern Michigan for anyone suspected of aiding the uprising. Federal district court in Detroit remains open and hearing criminal matters. Army officers arrest Noah Kline, a civilian mechanic, and refuse to produce him when a federal judge issues a writ.

Under the governing rule of the majority opinion, is the military detention lawful?

Explanation. The majority opinion places the suspension power exclusively in Congress because the Suspension Clause appears in Article I. It rejects any presidential power to suspend the writ or delegate discretion to military officers to ignore a court's habeas process. Because the detainee is a civilian and the federal court is open, the detention is unlawful.