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| | === Early Voting === | | === Early Voting === |
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| − | Originally, people could vote only at polling booths on Election Day, and voting by mail or on other days shortly prior to Election Day were not allowed. Indeed, Election Day was a national, unifying moment, and even a government holiday in some states (including New Jersey). President Abraham Lincoln was the first to allow "absentee voting" for servicemen during the Civil War, because President Lincoln was terrified he might lose reelection in 1864 unless the Union soldiers could vote against his pro-South opponent. But absentee voting was limited to people who could not show up a their polling booth on Election Day, due to commitments like serving in the military or being outside of the country. | + | Originally, people could vote only at polling booths on Election Day, and voting by mail or on other days shortly prior to Election Day were not allowed. Indeed, Election Day was a national, unifying moment, and even a government holiday in some states (including New Jersey). President Abraham Lincoln and his allies in Congress were the first to allow widespread "absentee voting" for servicemen during the Civil War, because President Lincoln was terrified he might lose reelection in 1864 unless the Union soldiers could vote against his pro-peace opponent, the fired Union General George McClellan (who later became a governor of New Jersey). Lincoln won reelection based on the overwhelming support of Union soldiers, with an estimated 78% of their votes being in support of Lincoln's reelection.<ref>http://blogs.dickinson.edu/hist-211pinsker/2010/10/12/election-of-1864-soldiers-and-absentee-voting/</ref> But absentee voting was limited to people who could not show up a their polling booth on Election Day, due to commitments like serving in the military or being outside of the country. |
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| | Only in the last 15 years has "early voting" become legal and popular in many areas of the Nation. In some States, most of the voting is now done by voters at their convenience prior to Election Day (i.e., prior to the Tuesday after the first Monday in November). In Ohio in 2012, there was 35 days of early voting during which nearly 1.8 million votes were cast (31.0% of the votes cast in the 2008 election<ref>http://elections.gmu.edu/early_vote_2012.html</ref>). By the time of Election Day, the outcome in Ohio may have been already a foregone conclusion, and known to anyone who analyzed the voting patterns of who voted early. Then the votes on Election Day probably did not change the result. Is this what the Framers had in mind, an election won before Election Day? | | Only in the last 15 years has "early voting" become legal and popular in many areas of the Nation. In some States, most of the voting is now done by voters at their convenience prior to Election Day (i.e., prior to the Tuesday after the first Monday in November). In Ohio in 2012, there was 35 days of early voting during which nearly 1.8 million votes were cast (31.0% of the votes cast in the 2008 election<ref>http://elections.gmu.edu/early_vote_2012.html</ref>). By the time of Election Day, the outcome in Ohio may have been already a foregone conclusion, and known to anyone who analyzed the voting patterns of who voted early. Then the votes on Election Day probably did not change the result. Is this what the Framers had in mind, an election won before Election Day? |
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| | "Habeas corpus" is Latin for “you should have the body,” and it refers to the right of a prisoner, or someone acting on his behalf, to seek an order by a court to bring the person (the "body") from jail to the court in order to determine if he is being imprisoned properly. In other words, this right protects against unjustified imprisonment. This right enables prisoners to demand to be brought before a judge, in order for the judge to order their release from jail. It is this right that allows a prisoner to argue before an impartial tribunal for his release from jail. Without this right, government could imprison anyone they want, at any time. | | "Habeas corpus" is Latin for “you should have the body,” and it refers to the right of a prisoner, or someone acting on his behalf, to seek an order by a court to bring the person (the "body") from jail to the court in order to determine if he is being imprisoned properly. In other words, this right protects against unjustified imprisonment. This right enables prisoners to demand to be brought before a judge, in order for the judge to order their release from jail. It is this right that allows a prisoner to argue before an impartial tribunal for his release from jail. Without this right, government could imprison anyone they want, at any time. |
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| − | Habeas corpus is the oldest and probably the greatest of all rights under English law, and was originally protected by the Magna Carta. The effect of this habeas corpus right is that government cannot imprison anyone without a valid reason. Government must either present its charges for jailing someone, or set him free. This right of habeas corpus prevents government from imprisoning someone without bringing charges against him. | + | Habeas corpus is the oldest and probably the greatest of all rights under English law, protecting against illegal imprisonment since about 1300.</ref>The Magna Carta in 1215 had a protection similar, but not identical, to habeas corpus: "No freeman shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers or by the law of the land."</ref> The effect of this habeas corpus right is that government cannot imprison anyone without a valid reason. Government must either present its charges for jailing someone, or set him free. This right of habeas corpus prevents government from imprisoning someone without bringing charges against him. |
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| | Opponents of the Constitution were furious that the document gives Congress any power, even during foreign invasions, to suspend the habeas corpus right (or privilege). Alexander Hamilton, a supporter of the Constitution, agreed that the writ of habeas corpus was essential to safeguard against "the favorite and most formidable instruments of tyranny" - imprisoning people without justification.<ref>''The Federalist No. 84'' (A. Hamilton).</ref> William Blackstone, the great English law scholar, described the writ of habeas corpus as "the glory of the English law." The exception provided by the Constitution for suspending the right of habeas corpus was supposed to be rarely used. | | Opponents of the Constitution were furious that the document gives Congress any power, even during foreign invasions, to suspend the habeas corpus right (or privilege). Alexander Hamilton, a supporter of the Constitution, agreed that the writ of habeas corpus was essential to safeguard against "the favorite and most formidable instruments of tyranny" - imprisoning people without justification.<ref>''The Federalist No. 84'' (A. Hamilton).</ref> William Blackstone, the great English law scholar, described the writ of habeas corpus as "the glory of the English law." The exception provided by the Constitution for suspending the right of habeas corpus was supposed to be rarely used. |