Who had suspended habeas corpus in the Bollman case, Congress or the President?
The Supreme Court happens to disagree with you.
On the contrary. We know how Chief Justice Marshall would have voted had the question come before him. We know how Chief Justice Taney would have voted and how Justice Davis would have voted. But what we have never had was the entire Supreme Court rulling on the question of who may suspend habeas corpus because the question has never been brought before the entire court. Even MBAs know that.
What a shame noni. You have an MBA, and don't even know the answer. President Jefferson requested that CONGRESS suspend the writ, but the House rejected that petition.
But what we have never had was the entire Supreme Court rulling on the question of who may suspend habeas corpus because the question has never been brought before the entire court.
The US Supreme Court en banc addressed the petition for a writ of habeas corpus, and the issue of legitimate suspension.
Now in your Bizzaro MBA world, the suspension of the writ by a left-handed Eskimo lesbian, Lincolnite dwarf is constitutional because the full court has never ruled on that issue. Southerners (and many Northerners), especially those without a Bizzaro-world MBA understand that when the court held, '[i]f at any time the public safety should require the suspension of the powers vested by this act in the courts of the United States, it is for the legislature to say so', that they meant exactly that - that only the legislature could suspend the writ.
And again, the court wrote, '[w]hatever motives might induce the legislature to withhold from the supreme court the power to award the great writ of habeas corpus, there could be none which would induce them to withhold it from every court in the United States.' 'Legislature', 'them' - pluralities. Now maybe if Lincoln had multiple personalities he'd qualify as 'them', but he was not the Legislature.