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To: nolu chan; capitan_refugio
Nice rant.

No impeachement.

War time conditions.

Davis also suspended the writ.

Sorry, Lincoln will still be remembered as one of the great Presidents and Jeff Davis as a traitor.

I told you not to spam me with your nonsense.

You can link me.

1,208 posted on 11/25/2004 3:54:37 AM PST by fortheDeclaration
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To: fortheDeclaration
Sorry, Lincoln will still be remembered as one of the great Presidents and Jeff Davis as a traitor.

Before you call Jeff Davis a traitor, you'd better prove he was one.

Go ahead, prove it. The United States Government couldn't, but perhaps your superior insight will allow you to succeed where they knew better than to try -- and they had the man in prison!

Go ahead, ideologue, make my day.

1,213 posted on 11/25/2004 4:17:59 AM PST by lentulusgracchus ("Whatever." -- sinkspur)
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To: fortheDeclaration
Davis also suspended the writ.

With permission from his Congress, as noted above, but then you knew that before you put up, didn't you?

Got some more quotes from Lincoln-defender and Davis-basher Mark Neely that you'd like to put up?

1,257 posted on 11/25/2004 4:44:46 PM PST by lentulusgracchus ("Whatever." -- sinkspur)
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To: fortheDeclaration
[FTD #1208] War time conditions.

The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine, involving more pernicious consequences, was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism, but the theory of necessity on which it is based is false; for the government, within the Constitution, has all the powers granted to it, which are necessary to preserve its existence; as has been happily proved by the result of the great effort to throw off its just authority.

United States Supreme Court, Ex Parte Milligan

[FTD #1208] Sorry, Lincoln will still be remembered as one of the great Presidents and Jeff Davis as a traitor.

By morons.

1,275 posted on 11/26/2004 12:00:29 AM PST by nolu chan
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To: fortheDeclaration
War time conditions.

War time conditions have never been recognized as a basis to usurp the power of another branch of government in violation of the separation of powers. The Supreme Court recently reiterated this principle in the Hamdi case:

We have long since made clear that a state of war is not a blank check for the President when it comes to the rights of the Nation’s citizens. Youngstown Sheet & Tube, 343 U.S., at 587. Whatever power the United States Constitution envisions for the Executive in its exchanges with other nations or with enemy organizations in times of conflict, it most assuredly envisions a role for all three branches when individual liberties are at stake. Mistretta v. United States, 488 U.S. 361, 380 (1989) (it was “the central judgment of the Framers of the Constitution that, within our political scheme, the separation of governmental powers into three coordinate Branches is essential to the preservation of liberty”); Home Building & Loan Assn. v. Blaisdell, 290 U.S. 398, 426 (1934) (The war power “is a power to wage war successfully, and thus it permits the harnessing of the entire energies of the people in a supreme cooperative effort to preserve the nation. But even the war power does not remove constitutional limitations safeguarding essential liberties”). Likewise, we have made clear that, unless Congress acts to suspend it, the Great Writ of habeas corpus allows the Judicial Branch to play a necessary role in maintaining this delicate balance of governance, serving as an important judicial check on the Executive’s discretion in the realm of detentions. See St. Cyr, 533 U.S., at 301 (“At its historical core, the writ of habeas corpus has served as a means of reviewing the legality of Executive detention, and it is in that context that its protections have been strongest”). Thus, while we do not question that our due process assessment must pay keen attention to the particular burdens faced by the Executive in the context of military action, it would turn our system of checks and balances on its head to suggest that a citizen could not make his way to court with a challenge to the factual basis for his detention by his government, simply because the Executive opposes making available such a challenge. Absent suspension of the writ by Congress, a citizen detained as an enemy combatant is entitled to this process.

Davis also suspended the writ.

Wrong. The Confederate Congress suspended the writ in limited designations, allowing Davis to detain persons there on federal counts. The suspension did not apply to the state court systems, which continued to issue writs, and was not unilaterally declared for two whole years without congressional approval like Lincoln's was.

1,281 posted on 11/26/2004 12:59:35 AM PST by GOPcapitalist ("Marxism finds it easy to ally with Islamic zealotism" - Ludwig von Mises)
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