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Commentary: Truth blown away in sugarcoated 'Gone With the Wind'
sacbee ^ | 11-13-04

Posted on 11/13/2004 11:12:00 AM PST by LouAvul

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To: capitan_refugio
Habeas did not have to be suspended for the court to rule that its habeas jurisdiction came from an act of congress and thus cannot be removed by any other means than an act of congress under the constitutional clause from which it came.

So according to GOP, the Supreme Court ruled definitively in Bollman that only Congress can suspend habeas corpus, thus establishing the interesting legal theory that the Supreme Court can rule on something that hadn't happened yet. Yet other legal scholars, like the current Chief Justice, say that it has never been established that the President cannot suspend habeas corpus which classifies Chief Justice Marshall's opinion an obiter dictum. So who to believe on this weighty legal matter? GOPcapitalist or Chief Justice of the United States William Rehnquist? Hmmmm. GOP or Rehnquist, Rehnquist or GOP? That is a hard one, isn't it? </sarcasm>

2,021 posted on 12/02/2004 4:37:07 AM PST by Non-Sequitur (Jefferson Davis - the first 'selected, not elected' president.)
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To: fortheDeclaration
There is a big difference between a President, who was (according to the Southern Cabal), acting tyrannically and not getting impeached by the Congress (its constitutional responsiblity)

Yeah, the Lincoln congress was real big on constitutional responsibility. You must've skipped nolu chan's post concerning ratification of the 14th. Perhaps you might notice that roughly half the country was denied suffrage in the Senate. Please, continue to lecture us on the constitutional responsibilities of the Congress during the 1860s (and '70s).

2,022 posted on 12/02/2004 4:59:36 AM PST by Gianni
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To: fortheDeclaration; GOPcapitalist
Those were acts to defend the Consitution from destruction by those who would use its law against it to destroy it.

Does that statement come with a map?

2,023 posted on 12/02/2004 5:03:32 AM PST by Gianni
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To: fortheDeclaration
You know, like the slave owners.

Slave owners were not political leaders.

2,024 posted on 12/02/2004 5:05:07 AM PST by Gianni
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To: fortheDeclaration
He had a Congress that could impeach him.

And [he had] a population that could throw him out of office in the next election.

Interesting... He had... That phrase is a standout.

2,025 posted on 12/02/2004 5:09:59 AM PST by Gianni
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To: xm177e2
Then why did they send an army in that direction? Had they not been driven back, they would have taken it, and probably kept it.

Your interpretation of 1st Manassas is that the Confederates were driven back?

2,026 posted on 12/02/2004 5:14:19 AM PST by Gianni
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To: Gianni
Those were acts to defend the Consitution from destruction by those who would use its law against it to destroy it. Does that statement come with a map?

Leaders such as Lincoln understood it.

2,027 posted on 12/02/2004 5:17:23 AM PST by fortheDeclaration
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To: Gianni
He had a Congress that could impeach him. And [he had] a population that could throw him out of office in the next election. Interesting... He had... That phrase is a standout.

Does that statement come with a map?

2,028 posted on 12/02/2004 5:18:14 AM PST by fortheDeclaration
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To: Gianni
At Bull run both sides were too exhausted to continue.

The South gained the battlefield, but could not continue on to Washington.

2,029 posted on 12/02/2004 5:19:28 AM PST by fortheDeclaration
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To: Gianni
Slave owners were not political leaders.

They weren't?

The slave interests weren't the key factor in the war?

According to Davis they were.

He didn't happen to own any slaves did he?

2,030 posted on 12/02/2004 5:20:51 AM PST by fortheDeclaration
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To: capitan_refugio
Out of nowhere, El Capitan chimes in.

Perhaps you should have read upthread enough to know what we are talking about.

forthedeclaration indicated that the ability to defend its independence was the only criterion for nationhood.

But wait! In flies El Capitan with a laundry list of other criteria. forthedeclaration may not know you as well as I do, so he should probably be apprised that once evidence of your given criteria is presented, tha bar is raised. Further evidence will only raise it higher, until the task before us is to jump out of a bottomless pit over the Sears tower.

Apparently, the two of you should duke it out.

2,031 posted on 12/02/2004 5:21:55 AM PST by Gianni
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To: Gianni; capitan_refugio
Such men make mistakes, and the Confederate President was not exempt. The insight of his general character reveals him a conservative patriot, opposing all tendencies to anarchy or monarchy, faithful to constitutional agreements and supporter of popular liberties;

I did find this on Davis.

Sounds alot like Lincoln

2,032 posted on 12/02/2004 5:25:21 AM PST by fortheDeclaration
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To: capitan_refugio; nolu chan
[cr quoting Farber] and partly because the rule of law in not an inflexible concept.

Sorry, I quit reading after this... was there anything worthwhile in the rest of the passage?

Is this the sort of thing that California Conservatives buy into?

2,033 posted on 12/02/2004 5:26:29 AM PST by Gianni
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To: nolu chan; GOPcapitalist; 4ConservativeJustices; rustbucket
I had not read your post when I posted my latest! Good observation.

Haven't seen backslapping like this since the 'good old days.'

2,034 posted on 12/02/2004 5:28:40 AM PST by Gianni
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To: capitan_refugio
Your attempts to disassociate Taney from Maryland, and Balitmore in particular, are comical! He was born and Maryland and he is planted in Maryland. He lived there almost his whole life. Your so-called "refutation" fails.

Blatant distortion again. At issue is not whether or not Justice Taney lived in Maryland, at issue is whether or not Merryman was his close, personal friend.

The 1850 population of Baltimore was approximately 169,000. I take it they were all close, personal friends of the Chief Justice. </sarcasm>

2,035 posted on 12/02/2004 5:48:21 AM PST by 4CJ (Laissez les bon FReeps rouler)
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To: Gianni
Slave owners were not political leaders.

Interesting statement, considering virtually every member of the Davis regime were slave owners. And if the statistics can be found, I would wager that the majority of confederate representatives and governors and legislators were slave owners as well.

2,036 posted on 12/02/2004 6:38:28 AM PST by Non-Sequitur (Jefferson Davis - the first 'selected, not elected' president.)
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To: fortheDeclaration
The insight of his general character reveals him a conservative patriot, opposing all tendencies to anarchy or monarchy, faithful to constitutional agreements and supporter of popular liberties...

I'll bet he was kind to his dog, too. Faithfulness to the constitution apparently did not extend to a supreme court or, if tales be true, protection of slavery and supporter of popular liberties apparently did not include those with Unionist tendencies. Quite a guy. Toss in his socialist leanings and it's probably a good thing for the confederacy that they were defeated.

2,037 posted on 12/02/2004 6:43:13 AM PST by Non-Sequitur (Jefferson Davis - the first 'selected, not elected' president.)
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To: GOPcapitalist
That would be akin to Congress listening to President Bush's address on the Iraq war last year and then killing the authorizing resolution.

But only after the war had started, with no prior authorizing resolution, and passing a bill later than demands witdrawl of the US from Iraq.

2,038 posted on 12/02/2004 7:12:21 AM PST by Gianni
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Comment #2,039 Removed by Moderator

To: GOPcapitalist

I never said HE said that. That was my opinion.


2,040 posted on 12/02/2004 7:19:21 AM PST by justshutupandtakeit (Public Enemy #1, the RATmedia.)
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