View single post by indy19th
 Posted: Tue Aug 1st, 2006 07:24 pm
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indy19th
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Shadowrebel wrote: Greetings Indy,

Thank you for your post. Lincoln suspended the writ in 1861 without any approval from Congress. Ex post facto does not make it legal. No where in the Constitution does it state Congress can delegate the power to suspend Habeas.

Regards,

Shadowrebel (John)


 

Whether after the fact makes it legal or not, you have to admit that the Constitution was being tested like never before and they were treading on new ground. If Lincoln was not sure on what was extralegal, he would consult with his advisers first. The fact that Congress (who you state is the branch that can suspend habeas) backed up his actions should not be dismissed.

I would assume that Lincoln was entitled to a few mistakes, just as someone like Stonewall Jackson was. :) 

 

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