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Indy,
Indy wrote:
If anyone can show me that states could unilaterally secede from the union and also that a confederation of states in rebellion could seize gov't property and smuggle federal munitions into states in rebellion and fire shots in anger at federal installations, I might consider changing my view as well.
I guess you are about to change your view. You have been shown that the States could secede, even if you will not admit it. Since the Confederate States were not in rebellion they were acting in self-defense.
Ok I have had my fun.
What is your point on O'Connor? She gives an opinion on Lincoln after he had the power to suspend but, on the MUDDY WATERS OF THAT DEBATE she remains silent. I think Taney had more impact on American history then O'Connor ever remotely had. He also was Chief Justice of the court, she was not, so I think he would have a little more standing then she does.
Taney was still just one person on a board of nine. He gave his opinion. Congress backed Lincoln. I don't ever remember seeing the Supreme Court cry unconstitutional AFTER Congress backed Lincoln on habeas. (The point you make about Taney having more impact on American history is debateable at least. Afterall she was the first female Supreme Court Justice.)
I don't see what the problem is here. If Congress has authority on habeas, like you and your pal Taney say they do, then why is this authority not all encompassing? If it's their authority, why are they not allowed to delegate this authority to the President? If they trust the President enough, during a time of crisis, he should be allowed this authority. He's simply the lightning rod.
A RECENT HISTORICAL STUDY, ENTITLED THE FATE OF LIBERTY, SAYS "NO." THE AUTHOR, MARK NEELY, COMBED THROUGH THE 15 NEELY CONCLUDES THAT, THROUGHOUT THE WAR, LINCOLN WAS GUIDED BY A "STEADY DESIRE TO AVOID POLITICAL ABUSE UNDER THE HABEAS-CORPUS POLICY.
Who is Mark Neely? What was his purpose for doing the study? What side does he think is right as to the war? A book of interest is Lincoln's Wrath by Jeffery Manber and Neil Dahlstrom.
Respectfully,
Shadowrebel
Mark Neely is evidently an accomplished writer. Maybe you should pick up HIS book.