Time: Wed Apr 16 17:23:33 1997 by primenet.com (8.8.5/8.8.5) with ESMTP id OAA23652; Wed, 16 Apr 1997 14:39:43 -0700 (MST) by usr03.primenet.com (8.8.5/8.8.5) with SMTP id OAA26684; Wed, 16 Apr 1997 14:39:31 -0700 (MST) Date: Wed, 16 Apr 1997 17:22:30 -0700 To: liberty-and-justice@pobox.com From: Paul Andrew Mitchell [address in tool bar] Subject: L&J: SLS: Suspended Constitution? References: <3.0.1.16.19970416142649.2ce78cbe@pop.primenet.com> <3.0.1.32.19970416132927.00910650@popd.ix.netcom.com> <9703168612.AA861211291@ccgate.atmel.com> At 03:16 PM 4/16/97 -0500, you wrote: >>"The Privilege of the Writ of Habeas Corpus >> shall not be suspended, unless when in Cases >> of Rebellion or Invasion the public Safety >> may require it." > >Does that mean that Lincoln is proper to start a war >and then use it as an excuse to suspend Habeas Corpus? > C.J. Taney told Lincoln, in Ex parte Merryman, that he could not prosecute the Civil War under martial law; he needed a declaration of war from Congress. Lincoln went ahead, and did it anyway. Taney is sadly misunderstood today, but I have to search long and hard to find an opinion of his that I can refute, with law and logic. I am still searching. And he was writing with ink and quill, B.C. (Before Computers). If you have not read all of Dred Scott, you MUST. It was decidedly a landmark case, whether you agree with Taney or not. I paraphrase Taney as follows: "We reviewed every law we could get our hands on, including state statutes and state constitutions. Every one, with rare exceptions, supports apartheid. If you find this result offensive, you know what you must do (Article V). Do not look to the Supreme Court to amend the Constitution; we do not have that power conferred upon us by that instrument." Of course, his words are much more eloquent and perennial. I encourage you to go the distance. Taney was a genius, in my opinion. Rehnquist cannot hold a candle to Taney, because the intense light would melt the wax around his knuckles, and down onto the top of his Florsheims. I will dig up some of Taney's most eloquent words, and share them here. Please stand by. /s/ Paul Mitchell http://www.supremelaw.com <snip> ======================================================================== Paul Andrew, Mitchell, B.A., M.S. : Counselor at Law, federal witness email: [address in tool bar] : Eudora Pro 3.0.1 on Intel 586 CPU web site: http://www.supremelaw.com : library & law school registration ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best Tucson, Arizona state : state zone, not the federal zone Postal Zone 85719/tdc : USPS delays first class w/o this ========================================================================
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