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To: GOPcapitalist

Was habeas suspended in for Bollman and Swartwart? No. It was not an issue before the court.


1,907 posted on 12/01/2004 9:55:05 AM PST by capitan_refugio
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To: capitan_refugio
Was habeas suspended in for Bollman and Swartwart? No. It was not an issue before the court.

Fallacious non-sequitur. Habeas did not have to be suspended for the court to rule that its habeas jurisdiction came from an act of congress and thus cannot be removed by any other means than an act of congress under the constitutional clause from which it came.

1,908 posted on 12/01/2004 9:57:08 AM PST by GOPcapitalist ("Marxism finds it easy to ally with Islamic zealotism" - Ludwig von Mises)
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To: capitan_refugio
Habeas did not have to be suspended for the court to rule that its habeas jurisdiction came from an act of congress and thus cannot be removed by any other means than an act of congress under the constitutional clause from which it came.

So according to GOP, the Supreme Court ruled definitively in Bollman that only Congress can suspend habeas corpus, thus establishing the interesting legal theory that the Supreme Court can rule on something that hadn't happened yet. Yet other legal scholars, like the current Chief Justice, say that it has never been established that the President cannot suspend habeas corpus which classifies Chief Justice Marshall's opinion an obiter dictum. So who to believe on this weighty legal matter? GOPcapitalist or Chief Justice of the United States William Rehnquist? Hmmmm. GOP or Rehnquist, Rehnquist or GOP? That is a hard one, isn't it? </sarcasm>

2,021 posted on 12/02/2004 4:37:07 AM PST by Non-Sequitur (Jefferson Davis - the first 'selected, not elected' president.)
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