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To: lqclamar
Habeas corpus definately came before the full court under Marshall. The case was Ex Parte Bollman and Swartwout.

And in that case who had suspended habeas corpus, Congress or the President?

375 posted on 04/14/2007 4:16:29 AM PDT by Non-Sequitur (Save Fredericksburg. Support CVBT.)
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To: Non-Sequitur
And in that case who had suspended habeas corpus, Congress or the President?

General Wilkinson, the military commander in New Orleans. He blocked the delivery of Swartwout's writ from the territorial judge, then transfered Swartwout as a prisoner beyond the judge's jurisdiction. The Supreme Court ruled that Swartwout and Bollman had a right to this writ because its suspension was not constitutionally enacted. It is actually a very similar case to the 2004 Gitmo ruling, where the court found that habeas corpus had not been constitutionally suspended even though it was being denied.

398 posted on 04/14/2007 9:26:56 AM PDT by lqclamar ("That's it, Seth, you can't blame them. It's want of education. That's all it is.")
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