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To: nolu chan
WhiskeyPapa] President Lincoln's suspension of the Writ and use of military courts was not beyond the pale, it's not totally over the top ridiculous, like a claim of legal unilateral state secession, or anything like that.

I have only said it was unlawful.

It wasn't unlawful when he did it.

Walt

623 posted on 04/25/2003 6:55:34 AM PDT by WhiskeyPapa (Be copy now to men of grosser blood and teach them how to war!)
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To: WhiskeyPapa
It wasn't unlawful when he did it.

Yes it was. The Constitution says so. It was also unlawful when he simply ignored a court ruling that told him it was unlawful.

624 posted on 04/25/2003 10:17:16 AM PDT by GOPcapitalist
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To: WhiskeyPapa
[613 nolu chan] I have only said it was unlawful.

[623 WhiskeyPapa] It wasn't unlawful when he did it.

When a court rules someone's action unlawful, it is ruled to be unlawful at the time of the act.

But I like your logic.

Perhaps I can knock over a bank and offer a compelling defense:

(1) It was not unlawful when I did it. No court had yet told me it was unlawful. The court telling me today, that what I did then was unlawful, is ex post facto.

(2) There is no evidence that I bucked any ruling of the Supreme Court.

662 posted on 04/25/2003 8:52:56 PM PDT by nolu chan
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