I am relying on the suspension clause in Art. I., which does not say "who" can
suspend, just states the conditions of suspension.

[log in to unmask] wrote:

> In a message dated 3/8/2003 7:25:35 PM Eastern Standard Time,
> [log in to unmask] writes:
>
> > Lincoln had the power under the Constitution to act in the emergency; thus
> > he
> > had the power to suspect HC where it was necessary to suspend it, and under
> > the
> > circumstances the Constitution allows -- rebellion or actual invasion and
> > necessary for the public safety
>
> Where in the Constitution is this contained? Citation please.  This sounds
> like one of those "everybody knows" arguments.  Where is the language upon
> which you rely?  Please cite the "emergency power" clause authorizing the
> President to suspend habeas corpus?
>
> Merryman was a duly elected member of the Maryland Legislature.  He actually
> had more political experience than Lincoln, who had next to none.
>
> JDS
>
> To subscribe, change options, or unsubscribe, please see the instructions
> at http://listlva.lib.va.us/archives/va-hist.html

--
Paul Finkelman
Chapman Distinguished Professor of Law
University of Tulsa College of Law
3120 East 4th Place
Tulsa, OK  74104-3189

phone 918-631-3706
Fax   918-631-2194
e-mail:   [log in to unmask]

To subscribe, change options, or unsubscribe, please see the instructions
at http://listlva.lib.va.us/archives/va-hist.html