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To: GOPcapitalist
The north suspended habeas corpus unconstitutionally and maintained that unconstitutional suspension in violation of standing court order for almost two years before enacting it properly. The south suspended habeas corpus constitutionally through its Congress, and even then did so only in a limited sense because they still permitted state courts to issue writs in their own jurisdictions.

Lincoln did not suspend habeas corpus unconstitutionally. Something is not unconstitutional just because you claim it was. The south did not suspend habeas corpus in a limited sense. Habeas corpus was suspended and martial law declared throughout the south, and as Mark Neeley points out in his book military tribunals operated in every part of the confederacy for most of the war. People were jailed without habeas corpus and detained without trial. And Northern courts could issue writs in their own jurisdiction for the entire war as well.

488 posted on 01/20/2004 3:47:29 AM PST by Non-Sequitur
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To: Non-Sequitur
Lincoln did not suspend habeas corpus unconstitutionally.

Yes he did.

Something is not unconstitutional just because you claim it was.

No. Something is unconstitutional because it violates part of the constitution. Lincoln's suspension of habeas corpus did just that. See Ex Parte Merryman for the details.

The south did not suspend habeas corpus in a limited sense.

Yes it did. The suspension applied only to federal courts and thus was limited. See the habeas corpus act for the details.

497 posted on 01/20/2004 8:03:44 AM PST by GOPcapitalist
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