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To: capitan_refugio; GOPcapitalist
No Supreme Court ever directly ruled on the constitutionality of Lincoln's action with regard to the suspension (of the privilege of) the writ of habeas corpus.

Okay, then, any ruling on Executive suspension of habeas corpus? Any quote at all, allowing the Executive to suspend the writ at a time and place of the Executive Branch's choosing?

Truth time.

1,687 posted on 11/28/2004 11:23:44 PM PST by lentulusgracchus ("Whatever." -- sinkspur)
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To: lentulusgracchus
Cite the ruling of the Supreme Court which directly states that Lincoln's habeas suspension was unconstitutional. (Hint: there is none.)

There are two cases, just discussed, which reflect on the ability of the Congress to "ratif[y] what ha[d] been done." Congress both ratified Lincoln's emergency suspension and authorized additional suspensions by the President. Ergo: Lincoln's habeas suspensions, even if "extralegal" at the time (which I do not concede), were validated.

1,696 posted on 11/29/2004 1:39:14 AM PST by capitan_refugio
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