Free Republic
Browse · Search
Smoky Backroom
Topics · Post Article

To: GOPcapitalist
I cited in this post the opposition of Jefferson to the clause, and you have cited in prior post comments by Luther Martin as to whether suspension of the writ was ever necessary ("It was my wish that the general government should not have the power of suspending the privilege of the writ of Habeas Corpus, as it appears to me altogether unnecessary, and that the power given to it, may and will be used as a dangerous engine of oppression; but I could not succeed.").

Section 4 of proposed Article XI, when debated in convention, was disapproved by the delgations from North Carolina, South Carolina, and Georgia.

If you will go back and review what I wrote ("the Framers were not unanimous in their views on the Suspension Clause"), and the construction you put on it ("... believed that the habeas corpus clause applied to somebody other than Congress"), are two differnent things.

245 posted on 08/29/2004 12:44:53 AM PDT by capitan_refugio
[ Post Reply | Private Reply | To 242 | View Replies ]


To: capitan_refugio
I cited in this post the opposition of Jefferson to the clause, and you have cited in prior post comments by Luther Martin as to whether suspension of the writ was ever necessary

Indeed, and both of them personally believed that the writ should not be suspended, finding the suspension clause undesirable. But neither of them had any doubt that the constitution as adopted (meaning whether they liked that clause or not) gave the clause to Congress, nor did anybody else in that era.

254 posted on 08/29/2004 1:18:25 AM PDT by GOPcapitalist ("Can Lincoln expect to subjugate a people thus resolved? No!" - Sam Houston, 3/1863)
[ Post Reply | Private Reply | To 245 | View Replies ]

Free Republic
Browse · Search
Smoky Backroom
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson