Subject: Re: Aah, I don't think so, Alihja! |
Author:
Checkerpaw
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Date Posted: 11:41:06 05/21/01 Mon
In reply to:
Alihja
's message, "Ooh, and another!" on 16:26:49 05/17/01 Thu
>"The privilege of the writ of habeas corpus shall not
>be suspended, unless, when in the cases of
>rebellion or invasion, the public safety may
>require it."
>
>"To make all laws which shall be necessary and proper
>for carrying into execution the foregoing powers and
>all other powers vested by this Constitution in the
>government of the United States, or in any department
>or officer thereof." Otherwise known as the Elastic
>Clause, giving the government the power to make laws
>that are "necessary and proper" to carry out the
>powers listed and any others.
>
>The President's Duties: "He shall from time to time
>give to the Congress information of the state of the
>Union, and recommend to their consideration such
>measures as he shall judge necessary and expedient; he
>may, on extraordinary occasions, convene both houses,
>or either of them, and in case of disagreement between
>them with respect to the time of adjournment, he may
>adjourn them to such time as he shall think proper; he
>shall receive ambassadors and other public ministers;
>he shall take care that the laws be faithfully
>executed, and shall commission all the officers of the
>United States."
>
>If the Supreme Court ruled Lincoln's warrant
>unConstitutional, then perhaps Congress overruled it?
>You must remember that our system of government is
>founded on checks and balances, therefore each branch
>can check another. If the judicial branch checked the
>executive, then could not the legislative check the
>judicial? You made no mention.
First off, no, Congress never did over rule it. They didn't need to. Mr. Lincoln completely ignored it. And even if they addressed the issue, I am sure that they would not have over turned it, because it is OBVIOUS that Chief Justice Taney was in the right.
Although you never know. Lincoln, aside from arresting 10,000 people for "treason" (Mussolini (sp) is reported to only have arrested 2,000) Legislative members of Maryland were also arrested.
To go back to the first paragraph:
It says when in time of REBELLION or INVASION.
Now. How does the South's secession qualify as either rebellion or invasion or treason? It doesn't. The Constitution also allows for that, by the way.
" . .that the powers granted under the Constitution, being derived from the people of the United States, may be RESUMED BY THEM, whenver the same shall be perverted to their injury or oppression . . ."
Another thing. Notice that when talking about the habeas corpus, the Constituition does not say WHO has the right to suspend it.
The fact is, Lincoln NEEDED THE APPROVAL OF CONGRESS in order to suspend it, and he did not have it.
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