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To: PeaRidge
With regard to habeas corpus, both the United States and Confederate Constitutions only allowed for the suspension by the Congress of each nation.

"The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."

I don't see the part where it says only Congress can suspend it.

50 posted on 02/20/2006 12:38:10 PM PST by Non-Sequitur
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To: Non-Sequitur; stainlessbanner; rustbucket
When you quote out of context, it is easy to make your assertion. However, there is more to the issue than you reveal:

"The immediate source of information pertaining to the Constitution's powers of suspension for habeas corpus appears in the document itself. The clause pertaining to habeas corpus appears in Article I, Section 9, Clause 2 and reads simply:

'The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.'

Lincoln asserted this authority permitted him to act unilaterally, claiming on July 4 that 'the Constitution itself, is silent as to which, or who, is to exercise the power' of suspending the writ.

"Even the simplest reading of the Constitution reveals immediately that this is simply not so and that the power to exercise this suspension is given to Congress, not the executive.

"The clause of suspension appears in Section 9 of the first Article, which clearly identifies itself as pertinent to the legislature.

"This article's opening sentence goes so far as to assert that the powers contained within it, of which the second clause of Section 9 is one, are specifically legislative:
'All legislative Powers herein granted shall be vested in a Congress of the United States'.

"This assertion provides direct textual proof that Lincoln was in error, as in fact the Constitution was anything but silent as to who possessed the suspension authority.

"Further textual evidence is found throughout Section 9, which lists several limitations on the power of Congress, such as with habeas corpus (which the clause says may only be suspended under rebellion, invasion, or need for public safety).

"Every other clause of the eight in the section directly identifies itself as a clause applying to the power of Congress. Clauses 1 and 8 mention Congress by name. Clauses 3 and 7 specifically mention the making of 'law.'

"Clauses 4 and 5 specifically state restraints on the laying of taxes and duties, which is a power granted to Congress.

"Clause 6 asserts restrictions upon the regulation of commerce between states, a self evident matter of the national legislature in application.

"In short, the seven other clauses in Section 9 of Article I indisputably pertain to the powers of Congress. It is therefore absurd to believe that the founding fathers would have inserted a power intended for any branch other than Congress in the middle of Section 9."

(Thank you GOPCapitalist).

I know that you like to argue this point ad infinitum. Go ahead. Nothing changes the fact that he and his henchmen imprisoned 10,000 American citizens in the North due to this lawless action of his.

85 posted on 02/21/2006 7:47:46 AM PST by PeaRidge
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