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Judge Napolitano Discusses Lincoln...
allen griggs
Member Posts: 35,692 ✭✭✭✭
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Perpetuating the myth of Lincoln violating habeas corpus prohibitions.
Explain West Virginia?
May 25th '61
John Merryman, a state legislator from Maryland, is arrested for attempting to hinder Union troops from moving from Baltimore to Washington during the War of Northern Aggression and is held at Fort McHenry by Union military officials. His attorney immediately sought a writ of habeas corpus so that a federal court could examine the charges. However, President Abraham Lincoln decided to suspend the right of habeas corpus, and the general in command of Fort McHenry refused to turn Merryman over to the authorities.
Federal judge Roger Taney, the chief justice of the Supreme Court (and also the author of the infamous Dred Scott decision), issued a ruling that President Lincoln did not have the authority to suspend habeas corpus. Lincoln didn?t respond, appeal, or order the release of Merryman. But during a July 4 speech, Lincoln was defiant, insisting that he needed to suspend the rules in order to put down the rebellion in the South.
You cannot change history no matter how much you dislike it. Its like pulling down statues it really has no meaning in the end.
yep
4th:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Have you read the Constitution?
I say again explain WV?
Constitution, Article IV, Section 3, Clause 1
New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.
The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.
Granted my degree in history is from Virginia Tech, and some may call it bias, it has helped me reach the above conclusion.
Had the plan been pulled off perhaps the message would have gotten through better [}:)]