|View single post by ebg|
|Posted: Fri Apr 13th, 2012 05:25 pm||
|Texas Defender wrote:
The following is a responds to your four points:
1.)Well, your right. Article 2-section 1-paragraph 8 contains the President's Oath. Thanks!
2.) His opponent being the Southern Secessionists. Lincoln did act within the Constitution by the power granted to him by Article 2- section 1-paragraph 8 to perserve the Constitution. Again, the Preample does not grant power, it only shows scope, intent, and purpose of the Constitution.
3.) Typical agrument for seccession. Demanding that President Lincoln Abid by "the letter of the Law" as to "where exactly is it written that a state can't leave the Union"; BUT THEN, takes the liberty as to the the meaning of "We The People" by words like "obviously". Strict interpretation of the constition for Mr. Lincoln, but liberal interpretation of the Constitution for seccesionist. Obviously, Abolistist thought that slaves were People when the constitution was written. What other groups thought that slaves were people when the constitution was written? Or, do their opinion not count for the sake of the seccessionist agrument??
4.)The Judicial Branch of the United States of the America DOES NOT HAVE THE POWER OF WRIT!!!!!
the Judicial Branch only has the power of review!! That means that they can't supercede the decision of a lower court, but only can supercede the opinion of a lower court. The Judicial Branch has no power to give orders. That's why Mr. Lincoln doesn't have to obey any "orders" given by Supreme Court Chief Justice Roger Taney. Didn't you just argued that the checks and balances of the Constitution ensures that no one branch abuses their power. That includes the Judicial Branch overstepping their boundries. It is within the constitutional right of both the congress and the President's office to interprete the "law of the land" in opposition to that of the Judicial branch. Doesn't happen often, but it has happened-just like the example you give. Or do you think the Constitution gives the Judicial Branch authorty over both Congress and the President???
Last edited on Fri Apr 13th, 2012 06:29 pm by ebg