I thought the discussion was Lincoln the man. Actions by others
perhaps equally lawless don't validate his actions. The Constitution
(Article 1, Section 9) clearly indicated that habeas corpus could only be
suspended by an act of Congress. Lincoln didn't care and began having people
arrested with impunity. When Chief Justice Taney took up the matter in Ex
Parte Merryman in May of 1861 he upheld the position that Lincoln had no
constitutional power to suspend habeas corpus, so what did Lincoln
do............he issued a warrant for Taney's arrest under the authority of
his suspension of habeas corpus (which fortunately the US Marshall had the
good sense not to serve when he received it)! I think the record is clear
that Lincoln had serious contempt for the laws of the US in discharging his
duties as president; impeachable contempt. I also think this was as much a
factor of his lack of experience and lack of electoral mandate as anything
else.
JDS
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