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To: rustbucket
So, we have Lincoln versus two of the authors of The Federalist Papers plus the others quoted by GOPcapitalist above.

Not Lincoln alone. Chief Justice Rehnquist spoke and wrote on the subject numerous times. In an address to a Virginia Bar Association he noted, "The provision of the Constitution dealing with habeas corpus is found in Article I, dealing with the legislative power vested in Congress, and provides that the writ of habeas corpus shall not be suspended unless in time of war or rebellion the public safety shall require it. The question of whether only Congress may suspend it has never been authoritatively answered to this day, but the Lincoln Administration proceeded to arrest and detain persons suspected of disloyal activities." He later repeated his position in "All The Laws But One: Civil Liberties In Wartime".

There is no doubt that Chief Justice Marshall believed that only Congress can suspend habeas corpus; comments made by him in dicta in more than one Supreme Court case indicate that. There is also no doubt that Hamilton and Jay, as well as Jefferson and almost certainly other leaders of that period, believed that only Congress should be entrusted with the power to suspend this most basic of rights. But the Constitution itself is not specific on the subject, and the Supreme Court itself has never taken the matter up. Had they done son in 1861 then I think they would have ruled against Lincoln's actions and we wouldn't be having this interesting debate. But they didn't, and haven't since then. So the right and wrong of Lincoln's suspension is one of those things that's fun to argue but impossible to prove.

122 posted on 10/21/2012 1:44:07 PM PDT by Delhi Rebels (There was a row in Silver Street - the regiments was out.)
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To: Delhi Rebels
Not Lincoln alone. Chief Justice Rehnquist spoke and wrote on the subject numerous times.

Delhi, I refer you to an interesting old GOPcapitalist thread where he and Non-Sequitur argued about Rehnquist and Bollman and Swartwout. It contains more habeas corpus quotes and even sources for Lincoln’s “What is to become of the revenue?” quote.

See: Lincoln's Unconstitutional Suspension of Habeas Corpus - an analysis of an impeachable offense

I have followed on the web the successful career of GOPcapitalist since he terminated his FR membership. Who knows what happened to old non-seq? He’s probably running a copy machine for others and getting coffee for the professionals at an IT company.

158 posted on 10/23/2012 10:33:23 AM PDT by rustbucket
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