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To: DoodleDawg
Lincoln's unconstitutional acts:

1. Coercion in 1861 at Charleston and Pensacola harbors, which was a violation of Article 4. And of course that’s where Lincoln tried to coerce the South into fighting and of course into surrendering to him.

2. Lincoln violated the Constitution's Laws of Neutrality, i.e. the Trent Affair, Article 6, Clause 2, which was a violation of international law. The Trent Affair is very interesting because the Confederate Government had sent representatives to England to define the cause before the English Parliament. The Confederate representatives were on an English ship named the Trent. The United States Government came and took the Confederate men off a British ship and imprisoned them. The War of 1812 was fought over the same issue because the English was doing that to our citizens. And what happened, the North was humiliated in this. Those men had to be released and William Seward had to write an apology to the English Government because the English Government would not even negotiate. They said you will either release those men or there is going to be war between you and England as well as the South and England. Lincoln openly, and without Congressional oversight, violated the Constitution.

3. He suspended the Writ of Habeas Corpus, Article 1, Section 9, Clause 2.

4. He declared war with the announcement of the blockade and the call up of state militias without the consent of Congress in 1861, which is a violation of Article 1, Section 8, Clause 11 and 12.

5. The Emancipation Proclamation, which is a violation of Article 4, Section 3, Clause 2.

6. He made West Virginia a State in violation of Article 4, Section 3, Clause 1. He just separated Virginia and made West Virginia a State all by himself.

7. He denied the freedom of speech in the Valandeham Imprisonment, which was a violation of the first Amendment.

8. He blockaded Ports of the States that were held by the Federal Government to still be in the Union. You don't block your own Ports.

10. Violation of the Fugitive slave law, which was a violation of Article 4, Section 2, Clause 3.

69 posted on 06/28/2017 12:31:51 PM PDT by PeaRidge
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To: PeaRidge

There is so much wrong with your post I don’t know where to begin. I’ll start with this, war was never declared by congress because there was no war between two countries. There was a rebellion, or insurrection, if you will, which the constitution gives the President broad powers to suppress.


74 posted on 06/28/2017 12:41:45 PM PDT by OIFVeteran
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To: PeaRidge
Coercion in 1861 at Charleston and Pensacola harbors, which was a violation of Article 4. And of course that’s where Lincoln tried to coerce the South into fighting and of course into surrendering to him.

Your interpretation of which is generally agreed by reputable historians to be nonsense.

Lincoln violated the Constitution's Laws of Neutrality, i.e. the Trent Affair, Article 6, Clause 2, which was a violation of international law.

Not a wise move on the part of the captain of the USS San Jacinto, but not a violation of the Constitution. And the U.S. admitted they were in the wrong and made compensation agreed to by the UK.

He suspended the Writ of Habeas Corpus, Article 1, Section 9, Clause 2.

The constitutionality or unconstitutionality of which has never been decided by the Supreme Court.

He declared war with the announcement of the blockade and the call up of state militias without the consent of Congress in 1861, which is a violation of Article 1, Section 8, Clause 11 and 12.

But legal under the various Militia Acts passed by Congress beginning in 1792.

The Emancipation Proclamation, which is a violation of Article 4, Section 3, Clause 2.

But legal under the authority granted by the Confiscation Acts of 1861 and 1862. The constitutionality of which were upheld by the Supreme Court in the Prize Cases decision in 1863.

He made West Virginia a State in violation of Article 4, Section 3, Clause 1. He just separated Virginia and made West Virginia a State all by himself.

Well no, it was the Virginia legislature that remained loyal to the U.S. which approved partition and Congress which admitted West Virginia. The constitutionality of which was confirmed by the Supreme Court in the Virginia v. West Virginia decision of 1871.

He denied the freedom of speech in the Valandeham Imprisonment, which was a violation of the first Amendment.

The legality of which may have been resolved by the Ex Parte Milligan decision of 1865, but at the time General Burnside was acting under the authority granted by Congress and the constitutionality of that power had not been determined by the courts.

He blockaded Ports of the States that were held by the Federal Government to still be in the Union. You don't block your own Ports.

What clause of the Constitution says you can't if said ports are in rebellion?

Violation of the Fugitive slave law, which was a violation of Article 4, Section 2, Clause 3.

Depending on what you are referring to, Lincoln's actions were legal under the Confiscation Acts or the Emancipation Proclamation.

78 posted on 06/28/2017 12:52:22 PM PDT by DoodleDawg
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To: PeaRidge
11. Arrest of the Maryland Legislature, 1861
80 posted on 06/28/2017 1:03:41 PM PDT by central_va (I won't be reconstructed and I do not give a damn.)
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