Which court decision held that only Congress has the power to take away habeas corpus (the right to a fair trial), so the president needed Congress's approval to do it?

• A. Freedmen's Bureau
• B. 13th Amendment
• C. Ex Parte Merryman (1861)
• D. 14th Amendment

Answer: (C)

The key idea here is who has the authority to suspend the right to habeas corpus. Ex Parte Merryman (1861) is the court decision that says the power to suspend that writ lies with Congress, not the President. In that Civil War-era case, Chief Justice Taney argued that the Suspension Clause of the Constitution requires legislative authorization, so the President cannot suspend the writ by himself and would need Congress to approve any such action. This established a clear check on executive power in this area and emphasized that detentions without trial during wartime must be authorized by law.

The other items don’t address this constitutional power. The Freedmen’s Bureau was about creating a federal agency to aid newly freed slaves, not about habeas corpus. The 13th Amendment abolishes slavery, and the 14th Amendment addresses birthright citizenship and due process, but neither is the case that delineates who can suspend habeas corpus.

So, Ex Parte Merryman (1861) is the correct choice.