[708 WhiskeyPapa] You seem to think (as many on FR seem to) that the actions of Abraham Lincoln are somehow the root cause of the ills we suffer today.
I said no such thing.
The Court stated the facts, the Court stated the law, the Court applied the law to the facts, and found that actions of Abraham Lincoln and those acting on behalf and at the direction of Abraham Lincoln, during the war, violated Constitutional rights.
But... what the heck... fair and balanced... I report... you decide.
Title III of the Agricultural Adjustment Act, also called the Emergency Farm Mortgage Act of 1933 :
"Title III -- Financing - And Exercising Power Conferred by Section 8 of Article I of the Constitution: To Coin Money And To Regulate the Value Thereof."
"Whenever the President finds upon investigation that the foreign commerce of the united States is adversely affected ... and an expansion of credit is necessary to secure by international agreement a stabilization at proper levels of the currencies of various governments, the President is authorized, in his discretion... To direct the Secretary of the Treasury to enter into agreements with the several Federal Reserve banks..."
The Constitution states that Congress has the authority to coin all money and regulate the value thereof.
Here the Executive branch is quoting the Constitution as its authority to do so.
Under Section 1 of this Act we find: "To direct the Secretary of the Treasury to cause to be issued in such amount or amounts as he may from time to time order, United States notes, as provided in the Act entitled "An Act to authorize the issue of United States notes and for the redemption of funding thereof and for funding the floating debt of the united States, approved February 25, 1862, and Acts supplementary thereto and amendatory thereof"
What is the Act of February 25, 1862? It is the Greenback Act of President Abraham Lincoln.
When Abraham Lincoln was elected and inaugurated, he didn't have a Congress for the first six weeks. He did not, however, call an extra session of Congress. He issued money, he declared war, he suspended habeas corpus, it was an absolute Constitutional dictatorship. There was not even a Congress in session for six weeks.
When Lincoln's Congress finally came into session, they entered the following into the Congressional record: "The actions, rules, regulations, licenses, heretofore or hereafter taken, are hereby approved and confirmed..."
This is the exact language of March 9,1933 and Title 12, USC, Section 95 (b), today.
Maybe Abe started a trend, he showed 'em the way. Ya think?
What law?
Walt
Well, that's all wrong. President Lincoln DID call a special secession of Congress to meet July 4.
President Lincoln never declared war, or asked for a declaration. The Supreme Court ruled in 1862 that it was impossible to declare war on one of the states.
Issue money? When?
He suspended HC. So what?
The Constitution pretty much grants dictatorial powers to the president in time of war. And that's what the SCOTUS likened the rebellion to. Hey, if the pres messes up, you can always vote him out.
Walt