Taney was acting as a circuit court judge. President Lincoln's attorney general supported the president's actions. If Taney had a problem with that, he should have had the issue brought before the Supreme Court.
The Constitution only says what Congress may -not- do in regards to the Writ; it says nothing about what the president --may-- do.
If you are going to take this tack you need to raise your hand and swear off ever saying that secession is legal because it is not explicitly prohibited.
Walt
Yes Walt. And circuit courts rule on cases too.
President Lincoln's attorney general supported the president's actions.
An attorney general opinion does not overturn a ruling of the court, Walt.
If Taney had a problem with that, he should have had the issue brought before the Supreme Court.
It was not Taney's burden to appeal his own ruling, Walt. That would have been absurd. The burden to appeal according to judicial procedure was on The Lincoln. He failed to do so.
The Constitution only says what Congress may -not- do in regards to the Writ; it says nothing about what the president --may-- do.
Nonsense Walt. We've been over this one several times. The Constitution designates the power to suspend habeas corpus to the legislature by way of Article I, Section 1. Nowhere does it extend that power to the president, nor does it indicate anywhere that any individual should have the right to suspend it beyond those it specifically indicates - the legislature. Every court ruling ever made on this issue has confirmed this position, including the standing precedent of the Supreme Court. No ammount of bloviation will get you around that, Walt.
If you are going to take this tack you need to raise your hand and swear off ever saying that secession is legal because it is not explicitly prohibited.
I don't purport secession's "legality" on the grounds that it is not explicitly prohibited, Walt. I support secession on the grounds that it is an exercise of an inherent right beyond any law and that the use of coercion to enforce obedience otherwise is itself a violation of the compact of a union. Try again.