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To: GOPcapitalist
The icon is cracked and is about to fall. Watch out! or it might hit you on the head and knock some sense into you.

I don't have to prove a statement made in a newspaper over 140 years ago. The Chief Justice thought enough of the passage to quote it, when he could have used any of hundreds of other accounts. I am satisfied that Taney was guilty of both poor legal judgment and likely misconduct in the Merryman affair. Rehnquist as much as says it too. Fehrenbacher also said it about Taney in Dred Scott. You may disagree; that is your right. But don't expect me to swallow your pathetic attempts of "proof" or your whining. Neither are persuasive.

2,170 posted on 12/03/2004 1:15:58 AM PST by capitan_refugio
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To: capitan_refugio; GOPcapitalist
Bates kept a somewhat sporadic diary, and its entries during April 1861 give no indication that he was consulted about or participated in Lincoln's decision to suspend the writ of habeas corpus by the proclamation of April 27. Following Lincoln's justification, in his July 4 speech to Congress, for disregarding Taney's Merryman deci­sion, Bates issued an opinion justifying the President's action. It was not a very good opinion. It essentially argued that each of the three branches of the federal government established by the Constitution was coequal with and independent of the other two. The President was thus not subordinate to the judicial branch, and so the latter could not order him, or his subordinates, to free Merryman. This proposition had been refuted by Chief Justice Marshall's opinion in Marbury v. Madison more than half a century earlier. Bates also described the suspension of habeas corpus as a "political" rather than a "judicial" matter and on that ground as well not subject to judicial intervention. The opinion would persuade only those who were already true believers.

William H. Rehnquist, All the Laws But One, p. 44

2,181 posted on 12/03/2004 3:09:34 AM PST by nolu chan
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To: capitan_refugio
I don't have to prove a statement made in a newspaper over 140 years ago.

You do when that statement is demonstrably false. Merryman lived in Cockeysville and Taney lived in Washington. Therefore they were not neighbors.

2,196 posted on 12/03/2004 9:39:10 AM PST by GOPcapitalist ("Marxism finds it easy to ally with Islamic zealotism" - Ludwig von Mises)
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To: capitan_refugio; GOPcapitalist; nolu chan
Rehnquist as much as says it too.

Now there's a fine appeal to authority.

2,215 posted on 12/03/2004 12:39:01 PM PST by Gianni
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