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To: WhiskeyPapa
The issue of whether or not the president may suspend the Writ has never been decided.

Yes it has, Walt. It's called Ex Parte Merryman. It was issued in 1861. It ruled that Lincoln's suspension of habeas corpus was unconstitutional and overturned the arrest of Merryman. The grounds on which it was decided was the historically indisputable fact that the United States Constitution gives the suspension power to the legislature, not the president. But Lincoln didn't like that ruling and didn't have any concern about the authority of the court, so he simply ignored it.

That makes impeachable offense #2, the first being the suspension of habeas corpus itself. Let me know when you are ready to move onto count #3, the division of the state of Virginia into two.

334 posted on 04/17/2003 2:45:13 AM PDT by GOPcapitalist
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To: GOPcapitalist
The issue of whether or not the president may suspend the Writ has never been decided.

Yes it has, Walt. It's called Ex Parte Merryman.

Tell that to the Chief Justice.

The Constitution nowhere says what the president may do in regards to the Writ. It only dictates what Congress may or may not do.

Walt

337 posted on 04/17/2003 2:49:30 AM PDT by WhiskeyPapa (Be copy now to men of grosser blood and teach them how to war!)
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To: GOPcapitalist
Yes it has, Walt. It's called Ex Parte Merryman.

Taney caused President Lincoln some embarrassment with this, but he could have caused more had he gotten the issue before the whole court. He never did. Ex Parte Merryman is not a Supreme Court decision. But you will doubtless continue to use it to sway the ingnorant and dissatisfied.

Walt

339 posted on 04/17/2003 2:53:04 AM PDT by WhiskeyPapa (Be copy now to men of grosser blood and teach them how to war!)
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To: GOPcapitalist
It ruled that Lincoln's suspension of habeas corpus was unconstitutional and overturned the arrest of Merryman.

Merryman stayed in jail.

It should be noted that Merryman had participated in treasonous acts when arrested, was a citizen of a loyal state, and after being released, was a serving officer in the rebel army.

Mercy atttended everything Lincoln did. Merryman was exceedingly lucky not to be hanged. As you know, if the standards the rebels often used had been applied, he would have been.

Walt

340 posted on 04/17/2003 2:57:15 AM PDT by WhiskeyPapa (Be copy now to men of grosser blood and teach them how to war!)
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