|View single post by ThomasWashington|
|Posted: Sun Nov 22nd, 2009 08:17 am||
ThomasWashington wrote:How does one 'constructively violate' a law? Legally, one is either in violation or not.
You've never heard of "plausible deniablity?" Lincoln INVENTED it-- or at least, he sure did steal the patent.
How does one violate a law through an act of omission?
What 'duty' did Dred Scott require? Other than to obey it?
Isn't that enough?
Again, Dred Scott *was* the law. There is no need for more laws to enforce an existing law. What are examples where Republicans 'passed laws which violated it'?
Administrative decisions and regulations, by which federal executive officials refused to obey Dred Scott by refusing to protect slavery in the territories, while continuing to prosecute and harass slave-owners in the territories under existing federal laws that prohibited slavery there-- while state officials did likewise against those travelling with their slaves through free states, prosecuting and harassing them under state laws, while also refusing to protect them.
This was a clear violation of habeas corpus, by which the state cannot arrest or detain a person without just cause-- and Dred Scott removed any such cause, as per the fundamental premise of judicial review over any law.
It also violated the right to due legal process.
Their main purpose was not even abolition, but was both simply to pander to abolitionists for their votes, while also keeping the territories free of slaves in order to admit new Free states into the Union-- while illegally blocking admision of new slave-states.
This was to gain congressional hegemony, in order to impose unfair, punitive and illegal taxation on the Southern states in a clear deliberate and unconstitutional scheme of wealth-redistribution-- as was the wont of the Republicans, particularly the former Whigs (of which Lincoln was 2nd in command under Henry Clay-- perhaps literally .
This scheme is made clear in Lincoln's First Inaugural Address, when he states the following:
Note the dual-example of slavery in the territories: while Lincoln was generally saying that Congress was the judge of its own powers, he was doing so with particularity on this one issue.
Also, now note his statement "I do not forget the position assumed by some that constitutional questions are to be decided by the Supreme Court;" and compare this back to Lincoln's original challenge to the South in his 1856 Fremont campaign-speech, where he stated the following:
I grant you that an unconstitutional act is not a law; but I do not ask and will not take your construction of the Constitution. The Supreme Court of the United States is the tribunal to decide such a question, and we will submit to its decisions; and if you do also, there will be an end of the matter. Will you? If not, who are the disunionists--you or we?
So this "some" he mentioned, was in reference to himself and the Republican Party.
Thus as you can see, all of Lincoln's words were obviously written in "rubber ink."
He not only thumbs his nose at his promise AND at Dred Scott, but he disclaims the entire judicial branch as anything other than simply trial and appeals-courts, essentially flushing the judicial branch's REAL power of Constitutional review and habeas corpus down the Lincoln Tunnel... with Lincoln even issuing an arrest-warrant for Chief Justice Taney when he crossed Big Ape's path. Basically, he effectively usurped the entire judicial authority.
Likewise, he usurped congressional authority during their absence-- and since they were his party, it made no difference since they backed him 100% on their return, after he got the war rolling-- along with the suspension of habeas corpus, so that the ol' Leviathan Juggernaut could just run right over and crush any pesky "Free Speech" idealists who got in their way... meanwhile the lapdog media got a golden Press Pass to become America's version of "Pravda."
Sound familiar? It should-- it was the modus operandi for all socialist dictatorships that followed in his wake during the 20th century-- including Wilson and FDR.
Last edited on Sun Nov 22nd, 2009 06:46 pm by ThomasWashington