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To: capitan_refugio; lentulusgracchus
Court processes should never proceed in the lack of jurisdiction. With habeas constitutionally suspended, they had none.

Affirmation of the consequent. Habeas Corpus had to be constitutionally suspended in the first place and Lincoln never established that it had been.

1,491 posted on 11/26/2004 11:30:51 PM PST by GOPcapitalist ("Marxism finds it easy to ally with Islamic zealotism" - Ludwig von Mises)
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To: GOPcapitalist
"Habeas Corpus had to be constitutionally suspended in the first place and Lincoln never established that it had been."

That was not Lincoln's obligation. His obligation was to see that the laws were faithfully executed and that the Constitutional Union was protected. In a wartime situation, the suspension of the writ was both correct and necessary.

If Congress, who you claim had sole authority to suspend the privilege of the writ (regardless of the situation), had objected to Lincoln's action, they could have made it known. Instead, they approved of his actions.

1,493 posted on 11/27/2004 12:09:36 AM PST by capitan_refugio
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To: GOPcapitalist
"Affirmation of the consequent. Habeas Corpus had to be constitutionally suspended in the first place and Lincoln never established that it had been."

You are a broken record. Lincoln acted in a crisis and his warpowers were upheld by the Supreme Court.

1,670 posted on 11/28/2004 5:16:48 PM PST by capitan_refugio
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