Time: Wed Apr 16 17:23:33 1997
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	Wed, 16 Apr 1997 14:39:43 -0700 (MST)
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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>

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