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Why President Lincoln Should Have Been Impeached

By Joshua Nili, published Jun 25, 2007
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On that fateful day when the founders of our country signed their names in acceptance of the U.S. Constitution, they created the foundation of our country. Those strong men worked day and night for several months, attempting to create the perfect set-up for what they hoped would be a very successful country. Although they did manage to create a very balanced and strong system, they did not foresee one of the major issues that would come out of it. The battle over how to interpret the constitution when making decisions proved to be one that lasted until this very day. Every time a court case comes up, it is the job of a judge to determine how to decipher the Constitution. The first of the two options available to him is the ability to translate each clause literally, in a strict interpretation. The second choice allows the judge to take into consideration that the Constitution assumes the changes that take place in society, and encourages a loose interpretation. Both interpretations are completely legitimate, and have been debated over countless times in American history.

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Actually, while a president should not have the right to suspend habeas corpus, the Constitution, unfortunately, doers not prevent it. Article I, Section 9 is subtitled "Limits on Congress" and specifically addresses that which Congress may not do, but in no way specifies what the president may or may not do. While specifically limiting the power of Congress to do this, but not mentioning it in regard to the other two branches may imply that only Congress could even conceivably have such a right, that is certainly not explicit. Thus, for a strict constructionist, this clause is irrelevant to the president. It should, however, be addressed immediately by a constitutional amendment to ensure that no branch of government should have such authority.

Posted on 08/29/2007 at 3:08:00 PM

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