Irrelevant. The evidence conclusively demonstrates that the reading of the constitution under its original intent by the men who framed it sought the suspension power to be the domain of the legislature. The Lincoln had no credible reason to act as he did.
No it's not irrelevant and as I indicated yesterday, the general understanding -- by both President Lincoln and the Supreme Court was that the rulings of the Supreme Court applied to particular cases.
Even your source says it:
Marbury [I think you mean John Marshall] termed it as the following: "The judicial power of the United States is extended to all cases arising under the constitution."
Walt
Okay, then why did The Lincoln ignore the ruling in the particular case of Ex Parte Merryman by refusing to appeal it to the Supreme Court?