Trump is not the First President to Defy the Courts

Nor was Abraham Lincoln. It is nothing new.


On May 25, 1861, federal troops arrested a Maryland planter, John Merryman, on suspicion that he was involved in a conspiracy as part of an armed secessionist group. Merryman was detained at Fort McHenry without a warrant. Merryman’s attorney petitioned the U.S. Circuit Court for Maryland, which Taney oversaw, for his client’s release.

On May 26, Taney issued a writ of habeas corpus and ordered General George Cadwalader, Fort McHenry’s commander, to appear in the circuit courtroom along with Merryman and to explain his reasons for detaining Merryman.

Cadwalader didn’t comply with the writ and instead sent a letter back to Taney on May 27 explaining that Lincoln had authorized military officers to suspend the writ when they felt there were public safety concerns. Taney then tried to notify Cadwalader that he was in contempt of court, but soldiers at Fort McHenry refused the notice.

However, Taney noted that he didn’t have the physical power to enforce the writ in this case because of the nature of the conflict at hand. “I have exercised all the power which the Constitution and laws confer on me, but that power has been resisted by a force too strong for me to overcome,” he said. But Taney did order that a copy of his opinion be sent directly to President Lincoln.


Rulings by federal judges are not enforceable suicide pacts. Lincoln acted as he did to prevent sabotage of the United States Army supply chains, and that took precedence over preventing a circuit judge's ruling from being ignored.
The first one in nearly 200 years might as well be the first.
 
Going back to Lincoln and the Civil War?

Gawd...

you are in serious need of something

such a flaccid, weak attempt at a moral equivalency


and I doubt people who may comment here will visit and read the text over at: The Constitution Center
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Ever heard of President Jefferson?... watch this video and learn something that your public schools failed to teach you...
The Judicial branch is just another branch of government and can not stop a US president from performing his duty as president of the United States... your media is lying to you or worse and they are as uneducated as the seem...


There are three co-equal branches. The Executive is exceeding his authority.
 
There are three co-equal branches. The Executive is exceeding his authority.
prove it... he is not exceeding his authority by digging out wasteful spending and fraud... the judge is exceeding his authority... an Obama appointed Judge by the way... the court of appeals will over rule him even though they are all dems... if they don't the Supreme court surely will... why is it democrat presidents are untouchable but republican presidents face one road block after another?... those days are over....
 
prove it... he is not exceeding his authority by digging out wasteful spending and fraud... the judge is exceeding his authority... an Obama appointed Judge by the way... the court of appeals will over rule him even though they are all dems... if they don't the Supreme court surely will... why is it democrat presidents are untouchable but republican presidents face one road block after another?... those days are over....
True. All "Activists" should be sent to GITMO.
 
Andrew Jackson said "the court made their ruling now let them enforce it"... see that's the point... they can rule all they want but they have zero ability to enforce them onto an equal part of government... Dante you are just wrong on this... sure a judge can pause an action but it has no stay power... because there is always a court of appeal....
Bury Marbury

Before even waiting for its decision, a President should also defy the court of appeal and immediately carry out the Presidential duties he was elected to do.
 
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