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To: WhiskeyPapa
That's why there are these things called "books".

And your book doesn't substantiate your claim. Cite the cases or I may only conclude that you do not have them.

Refute what Dr. Farber said.

No need to. His passage does not demonstrate your claim in the first place and is therefore irrelevant to this discussion.

The president has plenty of power in the Constitution -- the Courts have said so -- See Luther v. Borden, among others, or get back up on te porch because you -cannot- run with the big dogs.

Irrelevant to this discussion. Your claim was "The Court has ruled, in several cases, that the president -can- suspend the Writ." You have yet to cite even ONE such case, so put up or shut up.

717 posted on 06/27/2003 7:14:24 PM PDT by GOPcapitalist
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To: GOPcapitalist
Your claim was "The Court has ruled, in several cases, that the president -can- suspend the Writ." You have yet to cite even ONE such case, so put up or shut up.

You need to look at Borden, and Moyer and refute what Dr. Farber's research indicates. But you can't do that, so you just dismiss the whole thing out of hand.

But maybe it doesn't matter:

"The Court’s claim to be the final authority on the meaning of the Constitution has been vigorously challenged, not least by occupants of the White House. The dispute has existed since early in our history. …Jefferson den [ied] the right they [judges like Marshall] usurp of exclusively explaining the constitution.” If the judges had this right, vis-à-vis the other branches of government, the Constitution would be self-defeating. “For intending to establish three departments, co-ordinate and independent, that they might check and balance one another, it has given, according to this opinion, to one of them alone the right to prescribe rules for the government of the nation.” If judges had the final word over its meaning, the Constitution would be “a mere thing of wax in the hands of the judiciary, which they may twist and shape in any form they please.” In Jefferson’s view, “[E]ach department is truly independent of the others, and has an equal right to decide for itself what is the meaning of the constitution in the cases submitted to its action; and especially, where it is to act ultimately and without appeal.”

--"Lincoln's Constitution" P. 181 by Daniel Farber

Note that the bolded quote is semantically the same as what President Lincoln said in his first inaugural.

Walt

736 posted on 06/28/2003 6:09:30 AM PDT by WhiskeyPapa (Virtue is the uncontested prize.)
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