act to defend the Constitution against an clear insurrectionist (if he were to choose to do so). The Supreme Court in creating a concept of "Presidential Immunity" has gone beyond the pale and seems possibly effectively to have imbued the US President with a king-like privilege. If that is not an indication that their rulings vis-a-vis Donald Trump should be cast aside, it is unclear what might be seen as such an indication. Regardless, an analysis of the why Presidency cannot simply ignore their rulings in order to defend the Constitution (as Lincoln seems to have done) would be interesting to read: the video's analysis seems to fall short because it does not seem to address the text of the 14th Amendment which would seem to disqualify Donald Trump from serving.
Lincoln's Suspension of the Writ of Habeas Corpus: An Historical and Constitutional Analysis
JAMES A. DUEHOLM
Volume 29, Issue 2, Summer 2008, pp. 47-66
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http://hdl.handle.net/2027/spo.2629860.0029.205
In the 143 years since the end of the Civil War, historians have examined Abraham Lincoln and his conduct of the war in great and at times excruciating depth. Lincoln's power to suspend the writ of habeas corpus was extensively explored during the Civil War, but since then his suspensions have escaped detailed scrutiny despite the controversy they provoked, their widespread and effective use to combat malignant opposition to the war, and their uncertain grounding in the Constitution.
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Here we will examine Lincoln's suspensions of habeas corpus in their Civil War context, including congressional action and reaction, and see how the suspensions were viewed at the time and later by scholars. Lincoln's views of the suspensions will be considered along with a legal/constitutional analysis to determine whether Congress or the president holds the power of suspension.
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Following a hearing in the matter, Taney ordered delivery of a writ of habeas corpus to General George Cadwallader directing him to appear before Taney on May 28 with Merryman in tow. After Cadwallader refused service of the writ, Taney ruled on May 28 that the president did not have the power to suspend the writ, and Taney announced that he later would issue an opinion in support of his ruling.
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Lincoln ignored Taney, and that was the end of the federal judiciary's involvement with the suspension of habeas corpus. Neither the Supreme Court nor the lower federal courts dealt with the issue again. The action now passed to the president and Congress.
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https://quod.lib.umich.edu/j/jala/2629860.0029.205/--lincoln-s-suspension-of-the-writ-of-habeas-corpus?rgn=main;view=fulltext
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