halogamer1989 said:
Tyrannical said:
halogamer1989 said:
Tyrannical said:
You might want to review your history their Halogamer. Congress can suspend the Writ of Habeas Corpus, not the President, and certainly not by executive order which is what Lincoln did.
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Acc 2 the Const. yes Congress has the power to admin. susp of hc. However in times of war, the Pres. can do this via emergency powers or extreme measure, usu the latter.
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No, the President under no circumstances has the right to suspend habeas corpus, only Congress can. Lincoln did it because Congress was opposed to it.
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I was referring to another method, martial law. Lincoln used this.
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Illegaly I might add, and he even continued to do so after the Supreme Court ordered him to stop.
As the Civil War started, in the very beginning of Lincoln's presidential term, a group of "Peace Democrats" proposed a peaceful resolution to the developing Civil War by offering a truce with the South, and forming a constitutional convention to amend the U.S. Constitution to protect States' rights. The proposal was ignored by the Unionists of the North and not taken seriously by the South. However, the Peace Democrats, also called copperheads by their enemies, publicly criticized Lincoln's belief that violating the U.S. Constitution was required to save it as a whole. With Congress not in session until July, Lincoln assumed all powers not delegated in the Constitution, including the power to suspend habeas corpus. In 1861, Lincoln had already suspended civil law in territories where resistance to the North's military power would be dangerous. In 1862, when copperhead democrats began criticizing Lincoln's violation of the Constitution, Lincoln suspended habeas corpus throughout the nation and had many copperhead democrats arrested under military authority because he felt that the State Courts in the north west would not convict war protesters such as the copperheads. He proclaimed that all persons who discouraged enlistments or engaged in disloyal practices would come under Martial Law.
Among the 13,000 people arrested under martial law was a Maryland Secessionist, John Merryman. Immediately, Hon. Roger B. Taney, Chief Justice of the Supreme Court of the United States issued a writ of habeas corpus commanding the military to bring Merryman before him. The military refused to follow the writ. Justice Taney, in Ex parte MERRYMAN, then ruled the suspension of habeas corpus unconstitutional because the writ could not be suspended without an Act of Congress. President Lincoln and the military ignored Justice Taney's ruling.
Finally, in 1866, after the war, the Supreme Court officially restored habeas corpus in Ex-parte Milligan, ruling that military trials in areas where the civil courts were capable of functioning were illegal.
John Wilkes Booth's timing may have been off, but he was correct in stating "Thus always to tyrants"
Yet, today, America's leaders are reenacting every folly that brought these great powers [Russia, Germany, and Japan] to ruin -- from arrogance and hubris, to assertions of global hegemony, to imperial overstretch, to trumpeting new 'crusades,' to handing out war guarantees to regions and countries where Americans have never fought before. We are piling up the kind of commitments that produced the greatest disasters of the twentieth century.
— Pat Buchanan – A Republic, Not an Empire