[Non-Sequitur]

All the founders and all the major legal commentators before and during the war believed that Congress alone had the power to suspend the writ.

Learned opinions all. But the Constitution is silent on who has the sole authority to suspend habeas corpus. In matters where actions or laws seem to conflict with the Constitution then it is up to the Supreme Court to decide whether those actions or laws have, in fact, violated the Constitution. Until the court does make such a decision then Lincoln's were not unconstitution just because you say they were.

[aristeides]

So laws setting up a police state (like those in Germany in 1933) would, in your view, be constitutional unless and until the Supreme Court declared otherwise?

[GOPcapitalist]

Learned opinions all. But the Constitution is silent on who has the sole authority to suspend habeas corpus.

Once again you are simply wrong. Article I, Section 1 makes it indisputable that the power belongs to Congress.

In matters where actions or laws seem to conflict with the Constitution then it is up to the Supreme Court to decide whether those actions or laws have, in fact, violated the Constitution.

...if, that is, the supreme court's ruling is rendered necessary by the appeals process. Alternatively, a lower federal court can settle the matter of constitutionality so long as its ruling is not appealed. I know of no record indicating that Lincoln ever appealed any of the rulings against him on habeas corpus. Do you?