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The actual right of habeas corpus is not stated anywhere in the Constitution or the Bill of Rights. The authors of these documents apparently believed that habeas corpus was such a fundamental liberty that it needed no further guarantee in writing. The only mention of the writ of habeas corpus in the Constitution relates to when it can be taken away from judges. In a section limiting the powers of Congress (Art. I, Sec. 9), the Constitution states: "The privilege of the writ of habeas corpus shall not be suspended, unless when in causes of rebellion or invasion of the public safety may require it."
An arrest warrant, signed by President Abraham Lincoln, in the early days of his administration. The warrant was to arrest the Chief Justice of the United States, Roger B. Taney, following his opinion in the case of Ex parte Merryman (May, 1861).
Not just a Judge ... The friggin Chief Justice. Friggin Balls.
#1 lewrockwell.com is a website that is very loose with facts.
#2 Major historians think that there was no arrest warrant for Chief Justice Taney.
#3 The first and only ever claim that Lincoln had an arrest warrant for Taney didn't come out until the 1880s (more than 20 years after the fact) and we aren't even sure who wrote it - as it came from Lamont's book and he died before he finished the book with his daughter and friend finishing the book for Lamont. If Lincoln issued an arrest warrant for Taney - why did only 1 person know about it and why did he wait over 20 years to say something about it?
#4 The Constitution clearly states that Habeas Corpus can be suspended in national emergencies or during insurrections, but it is not clear who can do it. Taney said Congress - but congress was out of session and could not get back in time.
#5 If Maryland seceded, then the Union was likely lost. Should Lincoln let the Constitution be killed off by Maryland secessionists to preserve one aspect of it - because the constitution is not clear on who gets to suspend the writ of habeas corpus and congress was out of town? A limb is often severed to save the life of the body, but a body is never wisely lost to save the life of an arm.
#6 Congress eventually came back to town and voted to affirm Lincoln's actions of suspending the writ.
#7 The Maryland secessionists were warned in advance and acted anyways. They were released when the threat of secession in Maryland subsided.
#1 lewrockwell.com is a website that is very loose with facts.
#2 Major historians think that there was no arrest warrant for Chief Justice Taney.
#3 The first and only ever claim that Lincoln had an arrest warrant for Taney didn't come out until the 1880s (more than 20 years after the fact) and we aren't even sure who wrote it - as it came from Lamont's book and he died before he finished the book with his daughter and friend finishing the book for Lamont.
#4 The Constitution clearly states that Habeas Corpus can be suspended in national emergencies or during insurrections, but it is not clear who can do it. Taney said Congress - but congress was out of session and could not get back in time.
#5 If Maryland seceded, then the Union was likely lost. Should Lincoln let the Constitution be killed off by Maryland secessionists to preserve one aspect of it - because the constitution is not clear on who gets to suspend the writ of habeas corpus and congress was out of town?
#6 Congress eventually came back to town and voted to affirm Lincoln's actions of suspending the writ.
#7 The Maryland secessionists were warned in advance and acted anyways. They were released when the threat of secession in Maryland subsided.
Which means that habeas corpus exists as a right. Classic example of people being too dense to imply things. If it can be suspended, it must exist in the first place.
Which means that habeas corpus exists as a right. Classic example of people being too dense to imply things. If it can be suspended, it must exist in the first place.
Yes habeas corpus for this non-existent national emergency, please make you case that this is a national emergency I would love to hear your reasoning, speaking of dense.
Yes habeas corpus for this non-existent national emergency, please make you case that this is a national emergency I would love to hear your reasoning, speaking of dense.
I didn't say this is a national emergency and I'm not going to because I don't think it is. Perhaps you should reread my post and its point because you are sadly confused.
What is the purpose of the ban again?
No, it isn't just to troll the limp wristed liberal snowflakes, either.
You keep wanting to deny that a holly war has been committed on our soil.
We have not been attacked by one of the countries included in the ban, not one, go ahead and make your case for the holy war. There are several thousand Muslims already here in the police force and military, why haven't the risen to the occasion.
Much of what Lincoln did was illegal, including freeing the slaves. He discriminated because he only said slavery was illegal in 7 states.
This is absurd.
Lincoln did NOT say "slavery was illegal in 7 states" with the Emancipation Proclamation.
Lincoln, the commander in chief, could issue an executive order as a war measure for putting down the insurrection.
Therefore, he could order slaves to be freed in areas currently under rebellion to further the war aims - which is what he did. By under rebellion, Lincoln's executive order would essentially protect slavery in some areas that had already been subdued, but free slaves in other areas of the same state. The Emancipation Proclamation factually bolstered the Union's war effort significantly as it allowed for blacks to join the US army while at the same time weakening the South's labor force. He could not order the slaves freed in areas not under rebellion as "property" was protected by the US Constitution and they were not at war.
I think you have to understand that the Civil War was very complex. Lincoln also had to try and keep the Border States pro-Union, which has slavery legal. "I'd like to have God on my side, but I must have Kentucky." -Lincoln Lincoln offered Border States compensated emancipation during the war, which they rejected.
Lincoln then in 1865, with the war 99% won, helped the passage of the 13th Amendment, which ended slavery everywhere in the country as a Constitutional Amendment.
Last edited by michiganmoon; 02-11-2017 at 08:40 PM..
What is the purpose of the ban again?
No, it isn't just to troll the limp wristed liberal snowflakes, either.
You keep wanting to deny that a holly war has been committed on our soil.
I'm not sure who came up with this snowflake term. You obviously mean it in a derogatory way. But it's been embraced by these so called "snowflakes". And they are proud of it. lol Every snowflake is beautiful and different. Which pretty much describes us all.
Which means that habeas corpus exists as a right. Classic example of people being too dense to imply things. If it can be suspended, it must exist in the first place.
Which is why I am not sure why that BentBow and the Lew Rockwell website are claiming that Habeas Corpus is NOT in the Constitution when it clearly is.
--> Chief Justice Taney said that only Congress can suspend it as it is under a section titled limits to congress' power.
--> Lincoln claimed that the sentence itself is not clear and congress was out of town and not to return right away. The founding fathers wrote a framework with holes to be filled and wouldn't expect the nation to be torn in two, simply because congress was not in session to act on it.
--> Congress eventually returned to DC and voted in favor of Lincoln's action saying that the Union would have been split had Lincoln not acted and that he acted legally.
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