Lincoln's Unconstitutional Actions

[AussieMick]

Laurie writes "I leave understanding the Constitution to smarter people than I, but there must be a clause somewhere in there that allows seemingly drastic measures to protect our country."

I'm sure there is, Laurie. I'm no expert but (dont I just love that phrase) most if not all constitutions have a 'get-out' capability. It may be actually stated or it may be within 'implied powers' for use in an emergency. Apparently several views exist that since the Constitution was deliberately written to enable the Executive to act faster than the Legislative Branch then there is an implication that where fast decisions are essential ... well, obviously the Executive (i.e. President) must be able to act effectively in an emergency.

The question of "implied powers" has often come up in Australia. Our system of Federal government was based (to an extent anyway) on the US. It came into effect in 1900 and we have a Senate and House of Reps. The Constitution framers kept it as short as possible. This has resulted in , shall we say, "Judicial activism". This occurs where someone challenges a Government action and the High Court judges look at the Constitution and make a view about what the Constitution "implies". Obviously, many people regard as this undesirable ... especially if it happens often. (Nobody voted for those judges .., just as nobody voted for Supreme Court Judge Taney.)

Ok, to put some of this in context. We're currently in Australia going through some angst because some members of Parliament are now being ruled ineligible to govern. Why? Well the Constitution framers in 1900 chose to state that anybody who owed, or could be eligible to owe, allegiance to a foreign power cannot be in government. If you have dual nationality or can claim nationality or if you have a parent or grandparent who was a foreign national ... you cannot be a Parliamentary representative. Thats what the High Court has decided the Constitution says.

Oh, while I'm at it ... to show I'm not taking a holier than thou attitude on racism and slavery ... I acknowledge that until about mid-1950's Australia had a White Australia policy where , basically, only white Europeans were taken as migrants.