The most direct clash between a President and a Chief Justice arose from one of the strongest possible cases for unilateral executive power—and there's still room for debate about who was right.
A wonderful history lesson. Conservatives were opposed to the Unitary Executive before they were for it. I'm often surprised that the GOP has not impeached President Lincoln, posthumously. Honest Abe fully understood that the law is far more than a tort. It's the defender of speech, petition, assembly and religious pluralism. Or at least it was before BvG's John Roberts came along. BvG disenfranchised ballots from minority voters at more than ten times the rate of Caucasian ballots. Sepsis Sam forced swing-state voters to stand in line during a pandemic, by outlawing ballots mailed on Nov3rd. Husted tosses them off the rolls for skipping an election, thereby reversing the burden of proof on ballot eligibility. Substantive due process reduces to procedural due process. If our ballot is denied or destroyed, our opinions are nothing more than coffee talk.
In David McCullough’s wording on Ken Burns’ THE CIVIL WAR, President Lincoln saved the Constitution in this instance by going “beyond it.” Whether Chief Justice Taney hindered President Lincoln’s efforts to defend Washington in the early days of the war (and arguably violated HIS oath of office) is a matter for historians to discern. The fact that the President considered, however briefly, arresting the Chief Justice, however, suggests something about Taney’s intention and desire.
It occurs to me that the authority to suspend the writ falls to the branch with an identifiable responsible party and the ability to enforce the suspension
A wonderful history lesson. Conservatives were opposed to the Unitary Executive before they were for it. I'm often surprised that the GOP has not impeached President Lincoln, posthumously. Honest Abe fully understood that the law is far more than a tort. It's the defender of speech, petition, assembly and religious pluralism. Or at least it was before BvG's John Roberts came along. BvG disenfranchised ballots from minority voters at more than ten times the rate of Caucasian ballots. Sepsis Sam forced swing-state voters to stand in line during a pandemic, by outlawing ballots mailed on Nov3rd. Husted tosses them off the rolls for skipping an election, thereby reversing the burden of proof on ballot eligibility. Substantive due process reduces to procedural due process. If our ballot is denied or destroyed, our opinions are nothing more than coffee talk.
In David McCullough’s wording on Ken Burns’ THE CIVIL WAR, President Lincoln saved the Constitution in this instance by going “beyond it.” Whether Chief Justice Taney hindered President Lincoln’s efforts to defend Washington in the early days of the war (and arguably violated HIS oath of office) is a matter for historians to discern. The fact that the President considered, however briefly, arresting the Chief Justice, however, suggests something about Taney’s intention and desire.
It occurs to me that the authority to suspend the writ falls to the branch with an identifiable responsible party and the ability to enforce the suspension