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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on habeas corpus, the ONLY way to remove that jurisdiction is through the same Judiciary Act of 1789 - it must be repealed, altered, or otherwise suspended, and, excepting the case of a court ruling on unconstitutionality, only an act of Congress can do that to a standing statute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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To: GOPcapitalist
"Judge Dunlop, who authored the ruling against Lincoln."

Judge Dunlop did not have jurisdiction. Habeas had been suspended.

"You have provided absolutely no evidence that Congress passed any such act prior to 1863..."

The Habeas Corpus Act of 1863 retrospecively ratified the President's actions. It did not say that they were illegal. The Congress and the Executive agreed that the President's actions were necessary. That leaves a few judges on the outside, looking in.

1,769 posted on 11/30/2004 9:33:23 AM PST by capitan_refugio
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