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To: fortheDeclaration
FtD, did Congress ever condemn Lincoln's emergency war measures? As I recall they endorsed, sooner or later, almost every action he took, including the suspension of the priviledge of the writ of habeas corpus. And, in addition to Congress's approval, during the war the Court found no fault with Lincoln's actions and policies.

To paraphrase Jaffa, it is not as important where the authority is located in the constitution, but why it is there in the first place. Of course, the Rockwellian cultists will never "get it."

4,459 posted on 04/06/2005 11:57:01 PM PDT by capitan_refugio
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To: capitan_refugio
FtD, did Congress ever condemn Lincoln's emergency war measures? As I recall they endorsed, sooner or later, almost every action he took, including the suspension of the priviledge of the writ of habeas corpus. And, in addition to Congress's approval, during the war the Court found no fault with Lincoln's actions and policies.

Correct.

Congress supported Lincoln's actions.

Farber discusses this in his work, p.193-95.

He holds that Lincoln was following the classical liberal view of the use of executive power, as stated by Jefferson.

4,462 posted on 04/07/2005 12:26:23 AM PDT by fortheDeclaration
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