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To: LexRex in TN
1)Congress was given the power to suspend habeas corpus in the Constitution, NOT the president...

The Constitution says under what circumstances habeas corpus may be suspended. It is silent on who can do it.

2) Lincoln had reporters arrested and newspapers shut down during the war.

That happens during wartime.

3)Lincoln arrested the duly elected officials of the state of Maryland and replaced them with those he knew to be sympathetic to him.

Completely false.

4)Lincoln had dissenters against the war arrested.

Oh please.

5)Lincoln defied an order from the Supreme Court and ordered the Chief Justice arrested.

Wrong on both counts. The Supreme Court never ruled on habeas corpus and Lincoln never ordered Taney arrested. None of the historians who have written biographies of Chief Justice Taney every found any evidence supporting the claim. Not a single one.

6)While the Supreme Court never ruled directly on Lincoln's suspension of habeas corpus, ex parte Milligan forbade the government from trying civilians in military court, as Lincoln's administration had done 10,000 times...

Not really, no. Ex Parte Milligan ruled that military tribunals could not be used in areas where the civilian courts operated freely and openly. And once the court handed down its ruling the government certainly abided by it.

179 posted on 09/27/2010 5:53:02 PM PDT by Non-Sequitur
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To: Non-Sequitur
1)Article I is about Congress, not the Executive...

2)Name another war where it's happened on this scale in the US

3)Sorry, was placed under martial law

4)and 5)John Merryman, for one--although, I agree, can't find much that supports Lincoln having Taney arrested.

6)Of course--ex parte Milligan was during Reconstruction....but it was the closest the Supreme Court came to directly ruling on Lincoln's suspension of Habeas Corpus...except for ex parte Merryman.

191 posted on 09/27/2010 6:16:41 PM PDT by LexRex in TN ("A republic, if you can keep it.......")
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To: Non-Sequitur

Hey Non, long time no see. Remember this old thread on this subject?
http://www.freerepublic.com/focus/f-news/1898013/posts


247 posted on 09/28/2010 2:47:00 AM PDT by Delacon ("The urge to save humanity is almost always a false front for the urge to rule." H. L. Mencken)
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