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

To: 4ConservativeJustices; WhiskeyPapa; Grand Old Partisan
BINGO! Congress could have been assembled in days not months if the Lincoln had actually desired to wrap his actions in the veil of legality.

I read an interesting letter on that subject the other day...

"Every just view that can be taken of this subject, admonishes the public of the necessity of a rigid adherence to the simple, the received, and the fundamental doctrine of the constitution, that the power to declare war, is fully and exclusively vested in the legislature; that the executive has no right, in any case, to decide the question, whether there is or is not the cause for declaring war; that the right of convening and informing congress, whenever such a question seems to call for a decision, is all the right which the constitution has deemed requisite or proper." - James Madison, Letters of Helvidius No. 1 (emphasis added)

Seems as if Madison saw things quite clearly on that issue. If the president wanted to engage in war he had NO CHOICE but to call congress and his power to convene congress was intended for exactly that purpose. How one could claim that Lincoln acted properly by waging war without Congress' presence is beyond absurd.

139 posted on 09/09/2003 11:23:15 AM PDT by GOPcapitalist
[ Post Reply | Private Reply | To 102 | View Replies ]


To: GOPcapitalist
The President did not wage war, which is for actions against foreign countries, which the Confederacy was not. He had no need to call Congres into session for a declaration of war against the rebels anymore than the President today would have to before taking action against Islamic militants seeking to secede from the United States.
140 posted on 09/09/2003 11:29:57 AM PDT by Grand Old Partisan (You can read about my history of the GOP at www.republicanbasics.com)
[ Post Reply | Private Reply | To 139 | 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