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Politics : Politics for Pros- moderated
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To: JohnM who wrote (49517)6/9/2004 3:08:01 AM
From: Nadine Carroll  Read Replies (3) of 793624
 
Specific instances, Nadine, such as an invasion, don't negate Marshall's argument. The memo asserted that the power to set aside laws was "inherit" in the presidential office. Not that it was contingent on certain circumstances.

Since the power to determine the nature of the circumstances also resides in the president's office, not with the Congress or the Judiciary, this answer makes no sense whatsoever. Lincoln determined that the circumstances warranted suspension of habeas corpus. This precedent stands today; thus, the power to set aside laws is inherent in the office, because the Commander in Chief gets to declare the nature of the circumstances and act to safeguard the country. If the Congress thinks the President has gone overboard, they can impeach him.
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