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To: stainlessbanner
Is a president justified in breaking the Constitution to preseve the union of states?

This begs the question if Lincoln broke the Constitution. It's a "have you stopped beating your wife" type of question. There are two sides to the question, but I am of the opinion that the President did not exceed his authority, and that it was the Southern States that were acting unconstitutionally by attempting secession by force of arms.

If the South had wanted to test the Constitutionality of secession, they should have done so through the Supreme Court, not armed rebellion. By raising an army, they violated Article 1, Sections 8 & 10, and allowed habeas corpus to be suspended under Section 9.

So, instead, the matter was resolved by force of arms; the questions of secession and the keeping of slaves was a fait accompli, and the Southern cause was lost.

You pays yer money, and you takes yer chances.

230 posted on 08/14/2003 12:37:56 PM PDT by LexBaird (Views seen in this tag are closer than they appear.)
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To: LexBaird
I didn't phrase my question around Lincoln for good reason, but you brought him into the fold. Your "beat the wife" example is moot; extra points for the colorful attempt.

Ironically, you state Lincoln didn't overstep the bounds of the USC, but you admit the suspension of the habeas corpus, incorrectly placing blame on the southern confederacy. Let me remind you the Congress of the CSA voted twice to suspend, and failed to grant approval with Davis' final request. The difference? Congress was called to a vote.

Don't be fooled into thinking it was an emergency and Congress could not be called to session; the WBTS did not happen overnight.

231 posted on 08/14/2003 12:48:47 PM PDT by stainlessbanner
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To: LexBaird
they violated Article 1, Sections 8 & 10

Can you include that specific line items from the Articles and dates where they were violated (incl. by whom)?

232 posted on 08/14/2003 12:56:00 PM PDT by stainlessbanner
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