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To: rustbucket
If Lincoln did have the power to suspend the writ, why did Congress in 1863 finally pass a law that authorized him to suspend it from that point on?

Belts and suspenders. You may call it superfluous but in view of the partisan stink taney started I see it as prudent.

149 posted on 12/07/2014 11:00:44 AM PST by rockrr (Everything is different now...)
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To: rockrr
You may call it superfluous but in view of the partisan stink taney started I see it as prudent.

"Partisan stink?" LOL. I've never heard adhering to the Constitution and the rule of law called that before. Come on, rockrr.

Lincoln could have quickly convened his Congress like Jefferson Davis did. They could have given him the authority to suspend habeas corpus (or not, if the case didn't justify it). But, Lincoln chose not to do that and essentially ruled without checks and balances while he kept Congress out of session.

BTW, Lincoln's minions also put another judge under house arrest to prevent him from going to court and ruling against the administration on another habeas corpus case. Which side was being "partisan?"

150 posted on 12/07/2014 1:38:01 PM PST by rustbucket
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