The Privilege of the Writ of Habeas Corpus Under the Constitution
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That voice is to this effect, that not only is it the President's power to declare the existence of rebellion, and what the public safety requires in regard to it, but that it is his duty.
The power to do this is not granted to him by Congress, but it is assumed by Congress to be both his power and his duty to exercise it ; and very large power is given to him upon that hypothesis, to assist in the execution of what is manifestly a Legislative power, namely, the calling forth the Militia.
It wa...s the assumption of the Legislature in regard to inva- sion, from the very first moment that Congress, in the dawn of the Government, provided for calling forth the Militia to repel invasion or to suppress insurrection ; that it was the President's duty to declare and decide its existence. It was the assump- tion of Congress also, in regard to the President's power and 43 duty to say what the public safety required, both in rebellion and invasion. But in this first Act of 1792, in one of those spasms of jealousy, by which party sometimes throws legislation out of its Constitutional path, when the bill was before the House of Representatives, an amendment of the most absurd kind was proposed to the section which provided for the case of Insurrec- tion, deviating from the course adopted by a preceding section in regard to invasion, namely, that before the power given to the President by the Act to call forth the Militia should arise, an Associate Justice or a District Judge of the United States should notify the President, that the laws of the United States were opposed, or the execution of them obstructed, by combina- tions too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the Marshal by the Act, the posse of the districts.
What to read after The Privilege of the Writ of Habeas Corpus Under the Constitution?
You can find similar books in the "Read Also" column, or choose other free books by Horace Binney to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
That voice is to this effect, that not only is it the President's power to declare the existence of rebellion, and what the public safety requires in regard to it, but that it is his duty.
The power to do this is not granted to him by Congress, but it is assumed by Congress to be both his power and his duty to exercise it ; and very large power is given to him upon that hypothesis, to assist in the execution of what is manifestly a Legislative power, namely, the calling forth the Militia.
It wa...s the assumption of the Legislature in regard to inva- sion, from the very first moment that Congress, in the dawn of the Government, provided for calling forth the Militia to repel invasion or to suppress insurrection ; that it was the President's duty to declare and decide its existence. It was the assump- tion of Congress also, in regard to the President's power and 43 duty to say what the public safety required, both in rebellion and invasion. But in this first Act of 1792, in one of those spasms of jealousy, by which party sometimes throws legislation out of its Constitutional path, when the bill was before the House of Representatives, an amendment of the most absurd kind was proposed to the section which provided for the case of Insurrec- tion, deviating from the course adopted by a preceding section in regard to invasion, namely, that before the power given to the President by the Act to call forth the Militia should arise, an Associate Justice or a District Judge of the United States should notify the President, that the laws of the United States were opposed, or the execution of them obstructed, by combina- tions too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the Marshal by the Act, the posse of the districts.
What to read after The Privilege of the Writ of Habeas Corpus Under the Constitution?
You can find similar books in the "Read Also" column, or choose other free books by Horace Binney to read onlineMoreLess
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