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To: capitan_refugio
Congress both ratified Lincoln's emergency suspension and authorized additional suspensions by the President.

...the main problem, of course, being the two years of intervening time between the suspension and Congress' act during which five separate federal court orders were disobeyed.

I suppose that you could make the case that Congress indemnified Lincoln from those previous five cases over the previous few years, but indemnification by its very definition would function by removing the legal penalties he would otherwise face in its absence. That would constitute a law that "renders an act punishable in a manner, in which it was not punishable, when it was committed," which of course is the Supreme Court's landmark definition of an unconstitutional Ex Post Facto law from Fletcher v. Peck (1810).

1,706 posted on 11/29/2004 10:00:19 AM PST by GOPcapitalist ("Marxism finds it easy to ally with Islamic zealotism" - Ludwig von Mises)
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To: GOPcapitalist
What "legal penalties" was Lincoln facing? None. What was the law that criminalized his actions? There wasn't one.

You once tried to make the case that the President's actions were impeachable. That didn't go very far either.

1,712 posted on 11/29/2004 12:12:30 PM PST by capitan_refugio
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