Let Me Say It S-L-O-W-L-Y...
The Constitution puts limits on the federal government, to provide protection for the people and the states.
If you read the Constitution it says that the writ of habeas corpus will not be suspended unless invasion or rebellion requires it. It does not say who may or may not suspend it...
I'm not a Constitutional Law professor. I am not a lawyer. I am a citizen. And any citizen should have at least this basic understanding...so I am wondering if you're trolling here or intentionally blowing smoke. But since I don't have enough time to call all the bluffs you've made, let me illustrate this one...
Note the way each of the first three articles of the Constitution start:
Where does the line about habeus corpus fall? Gee...it's Article I...where things pertaining to the Legislative Branch are listed.
...and the Supreme Court has never ruled on who may not suspend it.
Obviously, because it's quite clearly listed with the Congressional powers (Article I), there's no need to "rule" on it. If you misled intentionally, that's a rather sneaky debate technique, throwing in a dash of argumentum ad ignorantiam, too. p> Lincoln's actions have never been shown to be unconstitutional.
See above, both in this message, and in others.
It also places many limits on the states.
Where does the line about habeus corpus fall? Gee...it's Article I...where things pertaining to the Legislative Branch are listed.
Look at Section 10, Clause 1 of Article I:
"No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility."
All restrictions on the states. Congress isn't even mentioned. Look at Section 8. It clearly states that Congress shall have the power, a clause missing in Section 9. Now look at the clause in question, "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." Nowhere does it say that the writ can only be suspended through legislation. Nowwhere does it say that the President cannot suspend habeas corpus.
Obviously, because it's quite clearly listed with the Congressional powers (Article I), there's no need to "rule" on it.
Quite the contrary, only the Supreme Court can rule if Lincoln's actions were Constitutional. Not you, not me.