If Lincoln had not died
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01-10-2013, 02:00 PM
Post: #99
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RE: If Lincoln had not died
Since the words "law" and "legal" can send me into dithering spasms, I should probably keep my fingers off the keyboard and let this topic die. However, if the Cornell University Law School's Legal Information Institute is correct, "Only Congress has the power to suspend the writ of habeas corpus, either by its own affirmative actions or through an express delegation to the Executive. The Executive does not have the independent authority to suspend the writ."
Why then did Lincoln have the right to suspend it in 1861? Why did Congress wait several years to do their job? Why did Chief Justice Taney overturn the use on Merryman only to have Lincoln ignore it? I also found that the writ has only been suspended twice in the history of our government - Lincoln's suspensions and Grant's suspension in response to civil rights violations by the KKK in nine counties of South Carolina. As for the use of executive orders, I think the seemingly overuse that is occurring now is what is a matter of concern - more so than whether people agree with individual actions or not. But, as I have stated before, I tilt right. |
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