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To: GOPcapitalist
When the privilege of the writ of habeas corpus is suspended, according the Constitution, the Judiciary Act of 1789 is of no consequence. One cannot obstruct a court that has no jurisdiction.

Who again, is your authoritative source?

1,753 posted on 11/29/2004 8:14:15 PM PST by capitan_refugio
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To: capitan_refugio; GOPcapitalist
[capitan_kerryfugio] When the privilege of the writ of habeas corpus is suspended, according the Constitution, the Judiciary Act of 1789 is of no consequence. One cannot obstruct a court that has no jurisdiction. Who again, is your authoritative source?

You are full of crap.

The court retains jurisdiction of the case, even during a proper, lawful suspension of the privilege of the writ of habeas corpus. It is NOT the WRIT that is suspended, but only the privilege flowing from it. The writ still issues and the responsible official is still lawfully required to make a return of the writ.

My source of authrority is the UNANIMOUS decision of the UNITED STATES SUPREME COURT in EX PARTE MILLIGAN.

The suspension of the privilege of the writ of habeas corpus does not suspend the writ itself. The writ issues as a matter of course; and on the return made to it the court decides whether the party applying is denied the right of proceeding any further with it.

1,761 posted on 11/29/2004 10:19:26 PM PST by nolu chan
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To: capitan_refugio
When the privilege of the writ of habeas corpus is suspended, according the Constitution, the Judiciary Act of 1789 is of no consequence. One cannot obstruct a court that has no jurisdiction.

There you go again, capitan, affirming the consequent to reach a conclusion that you have not demonstrated and that is accordingly a logical falsehood. Since the Judiciary Act of 1789 gave the court its jurisdiction on habeas corpus, the ONLY way to remove that jurisdiction is through the same Judiciary Act of 1789 - it must be repealed, altered, or otherwise suspended, and, excepting the case of a court ruling on unconstitutionality, only an act of Congress can do that to a standing statute of Congress. You have provided absolutely no evidence that Congress passed any such act prior to 1863, thus in 1861 (when Lincoln arrested the process of a sitting federal court and unconstitutionally harassed its members) habeas corpus simply had not been constitutionally suspended.

Who again, is your authoritative source?

Judge Dunlop, who authored the ruling against Lincoln.

1,764 posted on 11/29/2004 11:12:26 PM PST by GOPcapitalist ("Marxism finds it easy to ally with Islamic zealotism" - Ludwig von Mises)
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