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To: DiogenesLamp

Besides your opinion, show me the case law, supported by court decisions that makes Lincoln’s actions illegal.


195 posted on 03/07/2020 12:21:06 PM PST by Bull Snipe
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To: Bull Snipe; Kalamata
Besides your opinion, show me the case law, supported by court decisions that makes Lincoln’s actions illegal.

Show me where a German court ruled against Hitler, or a Russian court ruled against Stalin, and I will show you where a US court ruled against Lincoln.

It isn't about law, it's about raw power.

204 posted on 03/07/2020 12:38:10 PM PST by DiogenesLamp ("of parents owing allegiance to no oither sovereignty."/)
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To: Bull Snipe; DiogenesLamp
Besides your opinion, show me the case law, supported by court decisions that makes Lincoln’s actions illegal.

In 1863, Congress raised the number of justices to ten (10), so Lincoln could pack the Court with a fifth Lincoln appointee to ensure against legal disaster. After Andrew Johnson took office, in 1866 Congress reduced the number of justices to seven (7) by attrition, although never fell below eight (8), ensuring Democrat Johnson never got to appoint anybody. After Johnson left and Grant took office, Congress returned the number of justices to nine (9) in 1869, and enabled Grant to make an appointment.

That about took care of Court opinions condemning Lincoln administration actions for much of his administration.

Ex Parte Merryman, April 1861 Term Case No. 9,487, 17 F. Cas. 144 (before the Chief Justice of the Supreme Court of the United States, at chambers; signed R. B. Taney, Chief Justice of the Supreme Court of the U.S.)

Handwritten Opinion by Chief Justice Taney.

Federal Cases 17. Link goes to 1394 page PDF.

The violation of law regarding habeas corpus involved in the Merryman case was clear and obvious. Lincoln not only took it upon himself the claim the authority to suspend the privilege of the writ of habeas corpus, but he extended that to suspending issuance of the writ itself, and manufactured his authority to delegate to military subordinates the authority for them to suspend habeas corpus. Under such authority, the original suspension of habeas corpus was issued by General Keim, not by Lincoln or Congress.

The Baltimore Sun reported the following on the front page of its May 29, 1861, issue:

Chief Justice Taney, upon taking his seat on the bench, said that he desired to state that his associate, Judge Giles, of the Circuit Court, was present with him yesterday by his invitation, because he desired to avail himself of his counsel and advice in so important a case. The writ of habeas corpus was ordered by him as Chief Justice of the Supreme Court of the United States, consequently Judge Giles could not act with him in the case.

Ex parte Milligan, 71 U.S. (4 Wall.) 2 (1866) (9-0)

The Lincoln administation was clearly held to have convened an unconstitutional military tribunal in the Milligan case, among other transgressions of law.

229 posted on 03/07/2020 3:57:10 PM PST by woodpusher
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