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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