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- Newsgroups: sci.math
- Path: sparky!uunet!gatech!ukma!cyeomans
- From: cyeomans@ms.uky.edu (Charles Yeomans)
- Subject: Re: Godel and the US constitution
- References: <ARA.92Sep3053902@camelot.ai.mit.edu>
- <1992Sep3.114520.21990@ms.uky.edu> <185vavINNdgn@hilbert.math.ksu.edu>
- Message-ID: <1992Sep7.134359.7312@ms.uky.edu>
- Date: Mon, 7 Sep 1992 17:43:59 GMT
- Organization: University Of Kentucky, Dept. of Math Sciences
- Lines: 38
-
- In article <185vavINNdgn@hilbert.math.ksu.edu> bennett@math.ksu.edu (Andy Bennett) writes:
- >cyeomans@ms.uky.edu (Charles Yeomans) writes:
- >>The Constitution explicitly gives the president the power to suspend
- >>habeas corpus when martial law has been declared. But the army has no
- >>such power unless the president himself calls for it.
- >
- >Actually, the constitution explicitly gives Congress the power to suspend
- >habeas corpus (It is subsection 3 of Section 9 of Article I dealing with
- >Legislative authority. Presidential authority is dealt with in Article II)
- >On this basis the supreme court ruled Lincoln's suspension of habeas corpus
- >unconstitutional during the Civil war. Lincoln supposedly remarked that since
- >it was the supreme court's ruling, they could enforce it and continued to
- >deny habeas corpus. The army mainly used the suspension of habeas corpus
- >to lock up Marylanders who advocated seccession. Early in the Civil war it
- >appeared Maryland would secede. Since that would have placed Washington DC
- >between two states of the confederacy, it would have been a catastrophe for
- >Lincoln and the north. Therefore he overstepped his authority to prevent it.
- >Maryland's state song refers to "the tyrant" meaning Lincoln for his actions.
- >
- >Now that I've had a turn too, can we get back to mathematics?
- >
- You're not perfectly correct, but you're a hell of a lot closer than I
- was. AFter Allan Adler suggested that I might be a bit off the mark,
- I consulted the document itself and then my wife, who is a law professor
- in her spare time. She pointed out that that the mention of habeas corpus
- is in Article I, section 9. She also said that Congress is not explicitly
- given the power to suspend habeas corpus, but that that power is explicitly
- taken away from them in most cases. My wife assures me that this is
- different than COngress being given explicitly the power to suspend
- HC.
-
- I have been ordered to reread the constitution as penance for my bad
- memory.
-
- Charles Yeomans
- cyeomans@ms.uky.edu
- yeomans@austin.onu.edu
-
-