|View single post by Texas Defender|
|Posted: Fri Apr 13th, 2012 02:24 pm||
For your information, the Presidential Oath appears in Article II, Section 1 of the Constitution. You might benefit from reading the document.
I'm not sure who you are referring to in your convoluted response as: "Lincoln's opponent." But in 1861, Mr. Lincoln found the Constitution to be a hindrance to him, so he acted outside of it.
Obviously, when the Constitution was written, :"We the People" did not include the slaves. They were considered to be property, not people. You may well be offended by this, but history is about the way things were, not the way you think that they should have been.
As for the U.S. Congress during the Civil War, they allowed Mr. Lincoln to usurp their Constitutional power to suspend the Writ of Habeas Corpus from 1861-1863. When the Judicial Branch in the person of Supreme Court Chief Justice Roger Taney objected to this, his orders were ignored. You may well study the case of ex parte Merryman, among others.
Since the Legislative Branch did not act in concert with the Judicial, there was no check made to the excesses of the Executive. That fact in no way means that Mr. Lincoln's actions conformed to the Constitution.
You will not find many, if any, on this board who subscribe to your: "Interpretation" that the Preamble to the Constitution somehow gives the President additional powers, or at least some moral justification for assuming additional powers, not specifically granted to him in Article II of that document.
Last edited on Fri Apr 13th, 2012 02:55 pm by Texas Defender