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To: GOPcapitalist
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.

It is the burden of the LOSING party to appeal a court ruling,

Taney was the losing party. His reputation went completely into the toilet, over this and Dred Scott.

Notice that Chief Justice Rehnquist says the question of who may suspend the Writ has never been "authoritatively" answered. He has all your sources, but he is more fair than you are.

You've seen the quote I use from him at least a half dozen times, and you still do not qualify your interpretation by including it.

I have not yet felt compelled to just out of the blue say, "President Lincoln had every right to suspend the Writ and no one can gainsay this!"

But I do feel compelled to respond when you try and BS people.

I would think that you get some Freepmail from those who don't appreciate your ignoring this important addition to the record -- the remarks of the current chief justice. Maybe you do. And yet no hint of fairness manages to sneak into your notes.

Walt

346 posted on 04/17/2003 3:24:15 AM PDT by WhiskeyPapa (Be copy now to men of grosser blood and teach them how to war!)
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To: WhiskeyPapa
Taney was the losing party. His reputation went completely into the toilet, over this and Dred Scott.

You aren't even making sense anymore, Walt. Did you sleep through high school civics class or something? It appears so, because your understanding of our court system is severely lacking. When a case comes up before the court and a ruling is issued, that ruling stands unless it is overturned on appeal. The loser, as in the person who is ruled against in the case, has the right to file an appeal to a higher court or he may simply abide by the decision even though he may not like it. Lincoln lost the Merryman case - it was decided against him and his order was stricken down as unconstitutional. It was therefore his burden to appeal if he did not like the way that the case went. That, or he could have accepted it and abided by the ruling. Simply ignoring it was not a legally valid option.

Notice that Chief Justice Rehnquist says the question of who may suspend the Writ has never been "authoritatively" answered.

And in that he is simply wrong. Or are Marshall, Story, Curtis, and Taney not authorities on matters of the Constitution? If those for men are authorities on the constitution, then it has been authoritatively answered as all four of them answered it. If they are not authorities on the constitution though, I do not know who else is, thus your standard is intentionally set at an unreachable level.

408 posted on 04/17/2003 10:39:28 AM PDT by GOPcapitalist
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