Posted on 04/21/2025 1:52:03 PM PDT by Jacquerie
The U.S. Constitution mentions an archaic, oddly-named privilege called the writ of habeas corpus in its Article I, Section 9, Clause 2. Let’s read Clause 2 together:
“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.”
President Lincoln partially suspended the writ in certain key military corridors during the Civil War. It led to a showdown with the Supreme Court in a famous case called Ex parte Merryman. Merryman, who lived in Maryland, was arrested by the U.S. military in May, 1861, for treasonously burning railroad bridges to block Union troops and for recruiting Confederate forces.
Chief Justice Taney found Lincoln’s suspension of the writ to be illegal, holding (quite reasonably) that since Clause 2 appears in Article I, it’s a power held by Congress, not by the Executive Branch.
But the decision did not settle anything. Lincoln (also famously or infamously) ignored the Court’s order. Chief Justice Taney had ordered the military to release John Merryman and coughed up a blistering written opinion, but Lincoln never flinched. He kept Mr. Merryman in chokey and asked Congress to approve the writ’s suspension retroactively— which they did, two years later in 1863.
Lincoln enjoyed full public support, but modern critics find the Merryman kerfluffle to be Lincoln’s original dictatorial sin. Still, they usually fail to grapple with the fact that Congress subsequently endorsed it — two branches against one.
It looks a whole lot like President Trump has been preparing a path to argue for suspending habeas corpus.
First, and most importantly, right out of the gate President Trump issued an executive order declaring mass illegal immigration was an ‘invasion.’ Invasion is one of only two constitutional grounds for suspending the writ.
(Excerpt) Read more at coffeeandcovid.com ...
Plata or plomo. Silver or lead.
Did Scotus face lead and choose silver?
Indeed it’s well written
Very good. Read this one, folks.
Bfl
Excellent article. Thank you for linking it, I have bookmarked it.
📌
Control the judiciary, and you effectively control law enforcement. Mafia /Gang rule#1
Lincoln had become so powerful you dared not cross him. He locked up a congressman, the entire staff of a newspaper, the legislature of Maryland, and thousands of other people for frivolous reasons. He even locked up Septimus Winner for writing a song. ("Give us back our old commander")
Lincoln would arrest anybody and make them suffer harsh prison conditions because he would not tolerate dissent.
So yeah, by 1863, Congress was scared of him, the Supreme Court was scared of him (He issued an arrest warrant for the Chief Justice.) and everyone was scared of him.
Contrary to the history books, which were written by the victors, Lincoln was a tyrant!
And it didn’t take long for the flies to appear.
“Writ of Habeus Corpus.” Is this what a cop writes for drunken driving? Or what the coroner writes at the time of death?
I’ve been reading Jeff Childers’ columns a lot more lately. Always thought provoking and interesting.
also read the post below the linked post
Childers thinks Trump will respond to the judicial overreach
by suspending habeas corpus
i did not know about the arrest warrant for taney
source please?
if you are detained
you get to go before a judge to challenge it
was that a bad thing?
should he not have done that?
<>by suspending habeas corpus<>
Yes.
Which is why I recommend reading the linked post from beginning to end.
Childers connects the judicial approach of Scotus with the corrupt judge from New Mexico.
Silver or lead.
I think this is the third or fourth piece of his I have read, and every time as I read each piece, I think:
"Dang. That was a good article."
source please?
I'm not going to dig very hard for this. Most modern historians will claim Ward Hill Lamon made up the whole thing, but I don't believe he did. Why would he?
In any case, here is a source from Lew Rockwell. Like I said, I didn't feel like looking for a better one.
At one time, I knew of two other corroborating sources. One is in a book published in the 1880s about Baltimore, and I forget what the other is.
I know these two references are in my history of comments, but i'm not wading through my entire comment history trying to find them.
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