[WhiskeyPapa]

"There has been much discussion concerning the question whether the power to suspend the "privilege of the writ of habeas corpus," is conferred by the Constitution on Congress, or on the President. The only judicial decisions which have been made upon this question have been adverse to the power of the President." - Justice Benjamin R. Curtis, Executive Power, 1862

Chief Justice Rehnquist has said the question has not been --authoritatively-- decided even now.

And nothing you've posted negates his opinion.

Walt

[GOPcapitalist]

Chief Justice Rehnquist has said the question has not been --authoritatively-- decided even now.

So does that mean that Thomas Jefferson, John Marshall, Roger Taney, Benjamin Curtis, Joseph Story, William Rawl, Robert Yates, and Richard Henry Lee are not authorities on the Constitution? All of them have answered that question in agreement with the Constitution, which does not permit The Lincoln to suspend habeas corpus.

So unless Bill Rehnquist is claiming that John Marshall, Thomas Jefferson, and the rest lack authority in the area of the Constitution, he is simply wrong. So tough, both for him and for you if either of you don't like that.