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To: papertyger
I just don't understand how you can make hay over the Confederacy not fulfilling one of the requirements of its constitution, as a fledgling state, when the Union, as an established state, didn't have a SCOTUS review until after the end of hostilities.

On the contrary the Supreme Court ruled on administration policies throughout the war. The legality of the blockade was upheld in the Prize Cases. The confiscation acts were upheld by the courts. And in both cases Taney was one of the justices ruling. The Milligan case was reviewed in May of 1865 because that happens to be when it was taken to the court. And as for your dismissing the lack of a court as merely 'not fulfilling one of the requirements of its constitution, as a fledgling state' I should point out that that same fledgling state had no problems keeping it's cabinet fully staffed, or implementing protective tariffs, or imposing income taxes, or seizing private property, or any other actions that were not mandated by the constitution and which, indeed, were prohibited by it. But it never got around to establishing the one branch of government that might have halted the abuses. Doesn't that tell us something?

33 posted on 11/27/2005 8:33:06 AM PST by Non-Sequitur
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To: Non-Sequitur
And as for your dismissing the lack of a court as merely 'not fulfilling one of the requirements of its constitution, as a fledgling state' I should point out...

Hey now, I didn't dismiss anything! I'm just trying to make sense of what you said. But if you're one of those types that thinks everything you write is self-evident because you're the one that wrote it, we can mix it up over that too!

You're the one that made a charge over Milligan, not me. Furthermore, for whatever reason the confederacy saw fit not to seat a supreme court, it was arguably a good enough reason to satisfy its members which would have been more autonomous than members of a Union, by definition.

So if the confederates were so onerously despotic to their own members and citizenry, how did they maintain cohesion?

34 posted on 11/27/2005 8:55:30 AM PST by papertyger
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