Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Tzfat
The constitutional authority under "war powers" does not extend to states.

Au contraire.

Section 8: "To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions

Of course, when the militia is suppressing insurrections it is under the command of the President. There is nothing in the Constitution to imply the president has fewer war powers to suppress an insurrection than to repel an invasion.

After Lousiana was captured by Federal troops, slaves were not freed.

The EP freed all LA slaves except those in the city of New Orleans and in 13 named parishes at the time under federal control.

Lincoln wanted it both ways: the Southerners were "states" when he wanted them to be, and a foreign power when he didn't.

As do CSA apologists. If the CSA was a foreign government, as it claimed and fought to uphold, it had no rights under the Constitution. The EP was fully valid as a means of injuring the foreign enemy. If the states were still part of the US, they were quite obviously in insurrection. Look, the Constitution is a very flexible document, but it isn't flexible enough to stretch around a civil war. Any attempt to do so results in a variety of legal fictions.

"war powers" - is that what Licoln exercised when he placed the entire state assembly of Maryland in prison in Fort McHenry?

Reference please. My research indicates that a grand total of 26 MD state legislators were imprisones at different times during the war, not the whole body. There was discussion of doing so within the government, but it wasn't carried out.

http://www.abrahamlincolnsclassroom.org/Library/newsletter.asp?ID=108&CRLI=156

37 posted on 03/06/2010 4:56:09 PM PST by Sherman Logan ( .)
[ Post Reply | Private Reply | To 32 | View Replies ]


To: Sherman Logan
As do CSA apologists. If the CSA was a foreign government, as it claimed and fought to uphold, it had no rights under the Constitution.

Don't know many Southerners do you? We want you to leave, and to leave us alone. Always have, always will. Conservatives know deep down that Lincoln was a precursor to the current abomination that sits in the Oval Office - a tyrant.

BTW, the South was only an "insurrection" in Northern minds. Argue all you want, but the Constitution never forbade secession - and only the victor can lay that claim.
41 posted on 03/06/2010 7:07:24 PM PST by Tzfat
[ Post Reply | Private Reply | To 37 | View Replies ]

To: Sherman Logan
Reference please. My research indicates that a grand total of 26 MD state legislators were imprisoned at different times during the war, not the whole body. There was discussion of doing so within the government, but it wasn't carried out.

Right. So a "discussion" of arresting the legistlators of a sovereign state is OK with you? The fact is, Sept 12 and 13, all "suspected southern sympatizers" of the Maryland legislature were arrested. In all 51 were arrested, and democratic government in Maryland ceased.

Lincoln established the precedent for what Obama may end up doing.

You might want to do your "research" on a site not dedicated to the homage to the false god Lincoln.
42 posted on 03/06/2010 7:16:18 PM PST by Tzfat
[ Post Reply | Private Reply | To 37 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson