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 Posted: Tue Feb 28th, 2012 09:06 pm
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Texas Defender

Joined: Sat Jan 27th, 2007
Location: Texas USA
Posts: 920

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Hank C-

  You can take the view that by not acting, the Legislative Branch acted, if you wish. I cannot say if that was because they, too, were intimidated by seeing how the Chief Justice was treated, or because they didn't wish to take on their new president when a war was breaking out. At any rate, they looked the other way.

  In the end, however, the Legislative Branch did not cede their Constitutional power to the Executive. They reasserted it by officially suspending Habeas Corpus in 1863. It can be maintained that if they thought that the President had the power to suspend Habeas Corpus on his own, there would have been no need for the Congress to do it themselves later.

Last edited on Tue Feb 28th, 2012 09:10 pm by Texas Defender

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