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Obama Suspends the Law. What Would Lincoln Say?

August 17, 2013 in Economics

By Nicholas Quinn Rosenkranz

Nicholas Quinn Rosenkranz

The Obama administration announced last month via blog post that the president was unilaterally suspending ObamaCare’s employer mandate—notwithstanding the clear command of the law. President Obama’s comments about it on Aug. 9—claiming that “the normal thing [he] would prefer to do” is seek a “change to the law”—then added insult to constitutional injury. It also offers a sharp contrast with a different president who also suspended the law.

On April 27, 1861, President Lincoln unilaterally authorized his commanding general to suspend the writ of habeas corpus so that he could detain dangerous rebels in the early days of the Civil War. Lincoln’s order was constitutionally questionable. The Constitution provides that “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.”

The current president’s hero tried to abide by the Constitution and enlist Congress’s support.”

A rebellion was in progress, so suspension was permissible. But the Constitution doesn’t specify who can suspend the writ in such circumstances. Since the Suspension Clause appears in Article I of the Constitution, which is predominantly about the powers of Congress, there is a strong argument that only Congress can suspend the habeas writ.

Lincoln’s order was legally dubious, but what he did next showed remarkable constitutional rectitude. On July 4, 1861, he delivered a solemn message to Congress, in which he did everything possible to square his action with the Constitution. In this message, he set forth the best possible constitutional arguments that he had unilateral power to suspend the writ. These arguments may have been wrong, but they were serious, and they were presented seriously, in good faith.

Lincoln also made a powerful argument about the necessity of his action. Even if he was wrong, and only Congress had the power to suspend the writ, surely the circumstances had to be considered: Congress was in recess and the South was in open rebellion. “The whole of the laws which were required to be faithfully executed, were being resisted, and failing of execution, in nearly one-third of the states,” Lincoln said to Congress.

Should Lincoln have refrained from suspending habeas, if doing so meant that the republic would fall? As he put it: “[A]re all the laws, but one, to go unexecuted, and the government itself go to pieces, lest that one be violated?”

Lincoln also invited Congress …read more

Source: OP-EDS

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August 17, 2013 in Blogs

By Political Zach Foster

In honor of Ted Jotte inviting me onto The Dennis Ford Show tonight, I’m releasing to all our listeners the FREE ebook of the 2012 book VOICES OF REVOLUTION: Americans Speak Out for Ron Paul. Though the book was targeted to Democrat and Republican voters during the 2012 election cycle, this book still stands as a testimony to the character of Dr. Ron Paul, the hope he inspired in countless patriot activists, and the book stands as a document for future generations to catch a detailed glimpse into a dark period during American history.
Ron Paul had a dream for a brighter future, and so did the many patriots who contributed their writings to this book, including Zach Foster, Ted Jotte, Jeffrey Tucker, and Senator Rand Paul.
Download the PDF to print or read on your computer!
Download the EPUB for your e-reader device!

If you have formatting problems with the EPUB file, download it for FREE from the Lulu Bookstore!

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This eBook is yours for FREE. However, if you’d like to show your support for this project, feel free to donate any amount you choose!

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