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To: GOPcapitalist
It seems to me that if Taney's position in 1861 was unquestionably correct, then the Fugitive Slave Law was unquestionably unconstitutional.

Your source is inventing a contradiction where none exists.

Well, one surely does exist. If placement dictates a ruling in one, then to be consistant, it must be the same in all others.

Taney was borderline treasonous himself. Just being the Chief Justice doesn't give one the right to let the country go to hell.

Walt

650 posted on 04/25/2003 1:25:44 PM PDT by WhiskeyPapa (Be copy now to men of grosser blood and teach them how to war!)
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To: WhiskeyPapa
Well, one surely does exist.

Where, Walt? Simply saying that a contradiction exists does not make it so, nor does the obsessive repetition of that previous assertion.

Your source essentially said:

P1. The Habeas Corpus power was decided by Taney in Merryman to belong to Congress due to its placement.

P2. In an earlier case Taney stated that the fugitive slave law is authorized by the Constitution.

CONCLUSION. (non-sequitur) Therefore the two rulings were inconsistent.

That conclusion does not flow from the relation of either premise, as neither premise says anything contradicting the other. Therefore the conclusion does not stand.

653 posted on 04/25/2003 1:53:44 PM PDT by GOPcapitalist
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To: WhiskeyPapa
Taney was borderline treasonous himself

Care showing exactly what Taney did that was "treasonous," Walt?

673 posted on 04/26/2003 10:53:43 AM PDT by GOPcapitalist
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