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Response to John2 (Reply #9)

Wed Nov 14, 2012, 12:28 PM

20. Lincoln's arrest of Chief Justice Taney as a constitutional check????

While Lincoln and the GOP of the 1860s hated Taney for his Dred Scot Decision, that had nothing to do with the conflict between Lincoln and Taney. That Conflict goes to the issue of Presidential War Powers and how far does it go including suspension Habeas Corpus at time of War.

Habeas Corpus is a broad subject, but the dispute between Taney and Lincoln is fundamental and even cited by the US Supreme Court in 2004 in Hamdi v. Rumsfeld, the case that held it was unconstitutional to hold the prisoners without trial UNLESS Congress suspends the Writ of Habeas Corpus (i.e. the President, on his own motion, can NOT hold prisoners even at times of war without Congressional permission).

The leading dissenter in the Dred Scot Decision would later call Taney's role as one of the finest example of someone trying to protect the Rights of Americans in that it protected what most lawyers of that time period considered the greatest right, the right of Habeas Corpus, the right NOT to be put under arrest just because someone thought you MAY commit a wrong.

Lincoln's Arrest of Taney:
http://en.wikipedia.org/wiki/Taney_Arrest_Warrant

Ex Parte Merryman
http://en.wikipedia.org/wiki/Ex_parte_Merryman

Taney's actual written decision in In Parte Merryman:
http://teachingamericanhistory.org/library/index.asp?document=442

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Kolesar Nov 2012 OP
LynneSin Nov 2012 #1
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CoffeeCat Nov 2012 #8
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John2 Nov 2012 #9
LineLineNew Reply Lincoln's arrest of Chief Justice Taney as a constitutional check????
happyslug Nov 2012 #20
DemoTex Nov 2012 #10
Hamlette Nov 2012 #14
Dustlawyer Nov 2012 #11
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