First, the constitutionality of who may suspend habeas corpus had already been decided several decades earlier by the Supreme Court in Bollman. As for this case, the ruling was the highest standing court decision on the matter upon its issue. If The Lincoln disputed it or wished not to follow it, he had to appeal it to the full supreme court. He refused to do so and instead simply ignored it. That in itself is a violation of the judicial process by The Lincoln.
2. Merriman (who was a major instigator) was released once the civil disorders in Maryland were ended.
That is irrelevant and unknown to the case while it was pending. Nor does it excuse or right the constitutional violation committed in the suspension itself.
3. Congress overwhelmingly affirmed each and every one of Lincoln's actions when they returned for the emergency session, making Taney's ruling moot and the case for impeachment beyond ridiculous.
Congress is not the arbiter of the Constitution and does not decide the constitutionality of the executive's act. As you are probably aware, the Congress acts unconstitutionally itself on a regular basis to this day. That they consented to an already-committed unconstitutional act in late 1861 in no way makes that act constitutional as it is not their call to make.
I'd also remind you that the judicial branch does not have veto power over executive branch decisions.
Nor has anyone asserted that it did. The court may, however, strike down an executive action when that action is in violation of the constitution, such as executive suspension of habeas corpus.
Only Congress has that power. Checks and Balances.
The legislative veto was struck down by INS v. Chadha.
Not to beat a dead horse, but it seems that your view of events is that any action Lincoln took to defend the Union from forces that totally rejected the US Constitution was somehow by definition, unconstitutional.
May I ask for source of that view of yours, as I have only cited The Lincoln for the tangible unconstitutional actions of suspending habeas corpus and ignoring the judicial system's ruling that said doing so was not constitutional. Try again.
Chief Justice Renquist, who has written extensively about this very issue, strongly disagrees with you. He said quite plainly that the power of the President to suspend the writ in times of emergency is still undecided by the courts. Ergo, the rest of your argument is your opinion only.
As for this case, the ruling was the highest standing court decision on the matter upon its issue. If The Lincoln disputed it or wished not to follow it, he had to appeal it to the full supreme court.
Was the full court in session?
He refused to do so and instead simply ignored it. That in itself is a violation of the judicial process by The Lincoln.
As is his constitutional prerogative to do so. The Supreme Court, by design, has no enforcement power over the executive branch. Congress is the final authority on the actions of a President, not the courts, and Congress affirmed his acts!. Read The US constitution, not the one that Jeff Davis ignored for 4 years by never even appointing a court.
That they consented to an already-committed unconstitutional act in late 1861 in no way makes that act constitutional as it is not their call to make.
The fact that Congress was not in session in April of 1861, (timing that I'm sure was planned by the Confederates when they ratcheted tensions by firing on Sumter) allows the President to invoke the Militia Act. Members of congress were scattered across the continent from Maine to California and Oregon in April of 1861 and with transportation and communication of the day, and Congress only in session for 3 months a year, it was impossible to assemble them in time to deal with an emergency. That is why the first congress passed the Militia Act which gave the President very broad powers in a state of emergency. Calling the militia into the field to suppress a civil disturbance also invokes martial law. Although the militia act does not specifically mention the writ, a state of martial law presupposes a suspension of normal constitutional law.
Be honest about it. Jeff Davis and his coconspirators in Maryland knew the ways of Washington very well. They made a bet that with Congress away the "Country Bumkin" Lincoln would be paralyzed into inaction and Washington would be theirs in a cakewalk. They made the same stupid mistake that their descendent Rats make today in dealing with the "moron" Bush. Never underestimate a plainspoken man.