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Please Walt. Remember that in ex parte Milligan (4 Wall. 2), the ENTIRE Supreme Court, all 9 justices, declared that the Constitution applied to all men (including Lincoln) at all times (including war), and could not be suspended:

"The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine, involving more pernicious consequences, was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government."

As far as President Lincoln was concerned, this was ex post facto.

Sorry.

When President Lincoln acted, there was no constraint on him.

Walt

As far as President Lincoln was concerned, this was ex post facto. Sorry. When President Lincoln acted, there was no constraint on him.

Is that your argument - that it's LEGAL until declared otherwise by the Supreme Court (couldn't find a retort for Marshall, eh?)

But If that's how you want to play consider Texas v White: As far as the confederacy was concerned, this was ex post facto. Sorry. When the Confederacy acted, there was no constraint on them.

This is too easy Walt.