Article one establishes the name of the Legislature to be the Congress a 
two-part body made up of the Senate and the House of Representatives and then 
goes on to discuss other legislative powers and limitations, not executive 
powers and limitations.  I am amazed that you don't understand this point, 
but I hope your students do.  Section 9 provides:

Section 9.. The Migration or Importation of such Persons as any of the States 
now existing shall think proper to admit, shall not be prohibited by the 
Congress prior to the Year one thousand eight hundred and eight, but a Tax or 
duty may be imposed on such Importation, not exceeding ten dollars for each 
Person. 
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. [by 
the legislature............. the Founding Fathers didn't deem it necessary to 
end each power or limitation in the legislative section with the term "by the 
legislature", but apparently needed to do so to reach history professors and 
Lincoln apologists-JDS]
No Bill of Attainder or ex post facto Law shall be passed. 
No Capitation, or other direct, Tax shall be laid, unless in Proportion to 
the Census or Enumeration herein before directed to be taken. 
No Tax or Duty shall be laid on Articles exported from any State. 
No Preference shall be given by any Regulation of Commerce or Revenue to the 
Ports of one State over those of another: nor shall Vessels bound to, or 
from, one State, be obliged to enter, clear or pay Duties in another. 
No Money shall be drawn from the Treasury, but in Consequence of 
Appropriations made by Law; and a regular Statement and Account of Receipts 
and Expenditures of all public Money shall be published from time to time. 
No Title of Nobility shall be granted by the United States: And no Person 
holding any Office of Profit or Trust under them, shall, without the Consent 
of the Congress, accept of any present, Emolument, Office, or Title, of any 
kind whatever, from any King, Prince, or foreign State. 

If you can show me where this legislative section provides that the 
President, rather than the legislature, can suspend the writ of habeas 
corpus, I will start calling Lincoln Honest Abe.  Please also point out to me 
which of the other powers in this section are held by the executive office.  
Answer:  None.  Your argument makes no sense to anyone but Lincoln 
apologists.

As to Taney, had Lincoln wanted a full Supreme Court up or down on habeas 
corpus, he could merely have asked for full review, or asked that the full 
Court quash the writ that was served upon him for execution.  He didn't, 
because he knew Taney was correct (which time has proven to be the case).    

Seems like it is time for some other topic before we wear out Brent's 
patience.

JDS 

    





    
    




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