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To: GOPcapitalist
"The provision of the Constitution that "The privilege of the writ of habeas corpus, shall not be suspended unless when, in cases of rebellion or invasion, the public safety may require it,'' is equivalent to a provision---is a provision---that such privilege may be suspended when, in cases of rebellion, or invasion, the public safety does require it. It was decided that we have a case of rebellion, and that the public safety does require the qualified suspension of the privilege of the writ which was authorized to be made." - The Lincoln, July 4, 1861

Nowhere in this text does President Lincoln even hint that only Congress could suspend the Writ. In June, 1863 he said he had not employed anything outside constitutional bounds.

Walt

637 posted on 04/25/2003 11:32:21 AM PDT by WhiskeyPapa (Be copy now to men of grosser blood and teach them how to war!)
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To: WhiskeyPapa
Nowhere in this text does President Lincoln even hint that only Congress could suspend the Writ. In June, 1863 he said he had not employed anything outside constitutional bounds.

You are debating straw men of your own creation, Wlat.

I said: "The term "unless" refers to the only circumstances by which habeas corpus may be suspended, while the first part of the clause says that, excepting those terms, it may not be suspended. Even your false god admitted that much."

I did not say, however: "Your false god admitted that habeas corpus suspension applied only to congress"

In other words, The Lincoln admitted, in that quote, that the suspension of habeas corpus had to occur by way of Article I, Section 9. He then claimed that he could do so under that same article, despite the fact that constitutionally he could not.

639 posted on 04/25/2003 11:43:39 AM PDT by GOPcapitalist
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