Pace
Regular Member
imported post
Just learned something, I didn't know!
Tomahawk wrote:
Just learned something, I didn't know!
Tomahawk wrote:
rodbender wrote:Pace wrote:Whoa is right Tomahawk. Lincoln actuallydeclared martial law and suspended habeus corpusduring the War of Northern Agression. You should ask him how that turned out. No need, I'll go ahead and tell you.In theory, the only case I can think of, would be like the Civil War, where people choose to leave the union, abandoned their citizenship and became enemy combatants.
SCOTUS said it was unconstitutional. Enough said?
Correct. And the reason it was unconstitutional is because the only time the president can legally suspend habeus corpus is if there is no functioning judicial system. The judicial system was functioning just fine throughout the war.
Lincoln used his power to imprison judges who ruled against him and those who opposed him politically.
He is universally cited by statists today who hold him up as an example of how to use power, even though his actions were ruled illegal.
And for the record, I'm no CSA sympathizer. I just call it like I see it, and the way I see it, a politician was using a crisis to abuse and enlarge his power, which is exactly what happens when you give them a chance to to declare "emergencies" and ignore the law and the rights of their own citizens.