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To: GOPcapitalist
"The question of whether only Congress may suspend it has never been authoritatively answered to this day, but the Lincoln administration proceeded to arrest and detain persons suspected of disloyal activities, including the mayor of Baltimore and the chief of police." Chief Justice William Rehnquist

Rehnquist is in the minority.

The Chief Justice is willing to allow for the exigencies of the situation.

That is why your examples don't speak to the sitiation, and your attitude is blatantly unfair.

But it's obvious you don't care about fairness --- you've seen the words of the Chief Justice before.

Walt

479 posted on 01/20/2004 1:58:41 AM PST by WhiskeyPapa (Virtue is the uncontested prize.)
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To: WhiskeyPapa
The Chief Justice is willing to allow for the exigencies of the situation.

That doesn't make him any less wrong. Besides, he could not have better known the exigencies of the situation than either Justice Taney or Justice Curtis, both of whom lived through it and both of whom emphatically rejected Lincoln's argument for unilateral suspension.

The two legal authorities who saw the case first hand think Rehnquist's line, much with Lincoln's, is a load of nonsense. The overwhelming position of legal scholarship before them says they are right. Live with it.

514 posted on 01/20/2004 8:32:20 AM PST by GOPcapitalist
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