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To: GOPcapitalist
"Name the "great parts" Lincoln "suspended."

The writ of habeas corpus
A fully justified emergency power, later ratified and authorized by the Congress

The first amendment via suppressing dissenting newspapers
It is often alleged that Lincoln violated the "prior restraint doctrine" of the 1st Amendment. In the few cases where newspapers were closed or presses destroyed, there existed evidence of collaboration. And these cases were relatively few. If the "freedom of the press" had been "suspended," how is it so many newspapers opposed to the Lincoln administration continued to operated openly and freely?

The second amendment via widespread gun confiscation
You can take guns away from enemy combatants and civilians in a war zone. It is a prudent measure. Nobody in a state that had purported to secede had any Constitutional rights.

The doctrine of the separation of powers via harassment of the judiciary
From what you have posted, the only judges temporarily detained attempted to "dictate" to a co-equal branch of government. Even in 1861, the Jacksonian view of the Constitution allowed for each branch of the government to come to their own interpretation of the Constitution in the absence of an authoritative interpretation. As it was, Lincoln lawfully suspended the habeas privilege as a war time necessity, and the judges overstepped their jurisdiction.

Splitting a state, Virginia, without its consent
The loyal people of "western Virginia," finding themselves in an area with no recognized government, petitioned the Congress for statehood.

Instituting an income tax
Found unconstitutional many decades later, but not a "suspension" of the Constitution! (You're reaching now.)

Amendments 4, 5, and 6 through the suspension of the civil authority
The establishment of military rule and military tribunals in war zones was approved by the Supreme Court. Where the Court later found military tribunals operating in areas they thought unacceptable, the tribunals ceased. Again, no "suspension" of the Constitution.

...and those are just a few of them.
Yada, yada, yada.

1,536 posted on 09/20/2004 12:09:20 AM PDT by capitan_refugio
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To: capitan_refugio
A fully justified emergency power, later ratified and authorized by the Congress

...which puts the duration of its unconstitutional suspension at right around two full years.

In the few cases where newspapers were closed or presses destroyed, there existed evidence of collaboration. And these cases were relatively few.

Not so. You would do good to see what happened to the papers in Baltimore not long after Lincoln's army arrived. One of them was edited by Francis Scott Key's grandson, who found his paper shut down and himself imprisoned without cause or evidence in Fort McHenry of all places.

You can take guns away from enemy combatants and civilians in a war zone.

...a clear violation of the intent and spirit of the second amendment, which was directly intended to provide civilians with protection against an oppressive government. Lincoln also suspended firearms rights in several non-confederate states, so the assertion that it was confined to enemy combatants and war zones is false.

It is a prudent measure. Nobody in a state that had purported to secede had any Constitutional rights.

And I have no doubt you believe that, Stalin boy.

From what you have posted, the only judges temporarily detained attempted to "dictate" to a co-equal branch of government.

Incorrect. Judge Merrick sought only to determine a case that both precedent and the standing law of Congress gave him the jurisdiction to rule upon.

As it was, Lincoln lawfully suspended the habeas privilege as a war time necessity, and the judges overstepped their jurisdiction.

There was nothing lawful about it and every single judge acted within the full jurisdiction of the Judiciary Act of 1789. You know this to be so yet you persist in fibbing because you cannot bring yourself to admit a fault in Saint Abe.

The loyal people of "western Virginia," finding themselves in an area with no recognized government, petitioned the Congress for statehood.

Actually, they purported themselves to be the government for all of Virginia, held a mock Saddam Hussein style referendum that carried by 99.9% to partition themselves, and ran to Lincoln asking for admission for themselves plus a couple dozen counties to their south who wanted nothing to do with him. Lincoln orchestrated Congress behind their admission. All the while, the government of Virginia never once agreed to the partition.

Found unconstitutional many decades later, but not a "suspension" of the Constitution! (You're reaching now.)

It is indeed a suspension - a suspension of the clause prohibiting direct taxes and capitations by legislative fiat.

Amendments 4, 5, and 6 through the suspension of the civil authority The establishment of military rule and military tribunals in war zones was approved by the Supreme Court.

...but thoroughly renounced and declared unconstitutional for their use in non-war zones by Ex Parte Milligan.

1,539 posted on 09/20/2004 12:24:53 AM PDT by GOPcapitalist ("Can Lincoln expect to subjugate a people thus resolved? No!" - Sam Houston, 3/1863)
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