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To: Non-Sequitur
1)Article I is about Congress, not the Executive...

2)Name another war where it's happened on this scale in the US

3)Sorry, was placed under martial law

4)and 5)John Merryman, for one--although, I agree, can't find much that supports Lincoln having Taney arrested.

6)Of course--ex parte Milligan was during Reconstruction....but it was the closest the Supreme Court came to directly ruling on Lincoln's suspension of Habeas Corpus...except for ex parte Merryman.

191 posted on 09/27/2010 6:16:41 PM PDT by LexRex in TN ("A republic, if you can keep it.......")
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To: LexRex in TN
1)Article I is about Congress, not the Executive...

Then why is there a whole section limiting the power of the states in it?

2)Name another war where it's happened on this scale in the US

Name another rebellion the U.S. has gone through.

3)Sorry, was placed under martial law

And? The laws in place allowed for it and again, the legislators in question were advocating joining an armed rebellion against the government. What should the government have done?

John Merryman, for one--although, I agree, can't find much that supports Lincoln having Taney arrested.

Merryman was arrested for plotting to blow up the rail line through Baltimore. In modern terms he would be considered a terrorist and an enemy combatant and possibly locked up in Gitmo. Would you have a problem with that?

And you won't find much support for the Taney arrest claim. Not from any of his biographers.

Of course--ex parte Milligan was during Reconstruction....but it was the closest the Supreme Court came to directly ruling on Lincoln's suspension of Habeas Corpus...except for ex parte Merryman.

Ex Parte Milligan was handed down in the spring of 1865. Reconstruction didn't start until 3 years later. The decision didn't touch on the suspension of habeas corpus. Finally, Ex Parte Merryman was not a Supreme Court decision.

252 posted on 09/28/2010 4:23:50 AM PDT by Non-Sequitur
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