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To: Publius Valerius

Congress was not in session at the time, and would not be for another eight months, so obviously it fell to the President to take action. Congress affirmed his action as soon as it returned to Washington.


99 posted on 04/12/2007 11:58:49 AM PDT by since 1854 (http://grandoldpartisan.typepad.com)
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To: since 1854

It didn’t “obviously” fall to the President, as the President has no constitutional authority to suspend habeas corpus—that is textually committed to Congress. It boggles the mind to say that a power textually committed to one branch of government “obviously” falls to another if one branch of government chooses not to exercise that power. That’s like saying that the President can make laws when Congress is not in session. It’s just wrong.

Indeed, as I noted above, none other than the Chief Justice of the United States Supreme Court held that Lincoln’s actions were unconstitutional—a ruling that Lincoln ignored, incidentally.


105 posted on 04/12/2007 12:06:41 PM PDT by Publius Valerius
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To: since 1854

Negative. The end does NOT justify the means.

Try again.


113 posted on 04/12/2007 12:14:26 PM PDT by TexConfederate1861 (Surrender means that the history of this heroic struggle will be written by the enemy.......)
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