Trump administration officials say they're considering doing something that's only been done four times in U.S. history: suspend the writ of habeas corpus, a bedrock legal principle ensuring that an individual cannot be imprisoned unlawfully. The reason? President Trump wants his mass deportation scheme to operate faster. To deflect criticism, Homeland Security Secretary Kristi Noem has pointed to Abraham Lincoln's decision to suspend habeas corpus during the Civil War. Are the two situations really comparable? In this episode, historian James Oakes, an expert on Lincoln, slavery, and antebellum politics, explains the context of Lincoln's unprecedented use of presidential war powers.
Further reading:
Freedom National: The Destruction of Slavery in the United States, 1861-1865 by James Oakes
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