Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: WhiskeyPapa
And yet Congress indicated that his action was necessary and proper.

An ex post facto law is unconstitutional, Wlat. Try again.

There were no telegraphs in 1815.

So what. The Constitution does not care whether people communicate by telephone, telegraph, or tying a little piece of paper to the leg of a trained pigeon.

By the logic Taney later applied, it would have taken an act of Congress specifically naming the persons to be detained under the suspension of the Writ.

It appears, based on the ruling, that a law suspending habeas corpus would have sufficed.

629 posted on 04/25/2003 10:52:45 AM PDT by GOPcapitalist
[ Post Reply | Private Reply | To 628 | View Replies ]


To: GOPcapitalist
And yet Congress indicated that his action was necessary and proper.

An ex post facto law is unconstitutional, Wlat. Try again.

It was certainly within the purview of the Congress to applaud General Jackson and refund penalty and interest to him. And it is a strong indication on how they viewed the issue. You are applying hindsight and malice in your interpretation.

Walt

638 posted on 04/25/2003 11:39:56 AM PDT by WhiskeyPapa (Be copy now to men of grosser blood and teach them how to war!)
[ Post Reply | Private Reply | To 629 | View Replies ]

To: GOPcapitalist
An ex post facto law is unconstitutional, Wlat. Try again.

Strictly speaking, an ex post facto law is one which makes illegal an act which was legal when committed, or increases the penalty for a crime after it was committed. An act of congress authorizing Jackson's actions after the fact doesn't qualify as an ex post facto law. Same with President Lincoln.

648 posted on 04/25/2003 1:10:02 PM PDT by Non-Sequitur
[ Post Reply | Private Reply | To 629 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson