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To: goldstategop
The President has powers in wartime to defend this country

But what powers specifically. I do realize the Republican faithful would trash any document and ignore any law as they fawn over actions by Bush but we conservatives still have a concern. The Executive Branch's powers are not all inclusive in time of war. For example, does the President have the power to suspend habeas corpus? Does any law?

38 posted on 12/20/2005 7:54:35 AM PST by billbears (Deo Vindice)
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To: billbears
All members of the Court joined in rejecting the government's argument that the Bill of Rights simply did not apply in wartime.

The majority opinion contains a somewhat rhetorical passage for which it is justly famous: The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine, involving more pernicious consequences, was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism, but the theory of necessity on which it is based is false; for the government, within the Constitution, has all the powers granted to it, which are necessary to preserve its existence; as has been happily proved by the result of the great effort to throw off its just authority.

Civil Liberty and the Civil War: The Indianapolis Treason Trials

68 posted on 12/20/2005 8:47:38 AM PST by KDD (A wink is as good as a nod to a blind horse.)
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To: billbears
For example, does the President have the power to suspend habeas corpus? Does any law?

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
Art. 1, Section 9, second paragraph.

Can the President do so? Art. I deals with the powers of the Federal Government, and specifically of Congress. If Congress has delegated him the power, he does.

72 posted on 12/20/2005 9:15:29 AM PST by El Gato
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To: billbears

You are on target. Wartime or peacetime - the President's "powers" are bound by the Constitution. I'm sure all the Bushbots will feel the differently if a future Demoncrat President interprets his wartime "powers" to order the ATF to confiscate all handguns from a particular area in "response" to a "terrorist threat." The Constitution is sacrosanct. Those who support the trampling of constitutional rights in support of their favorite politician cannot credibly complain if other politicians use that as a precedent.


73 posted on 12/20/2005 9:17:12 AM PST by Saberwielder
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