Darth J wrote:Sock Puppet, your OP reminds me of our ongoing discussions about the Nauvoo Expositor. The unconstitutional actions by the Lincoln administration you are describing are exactly the kind of after-the-fact justification Dallin H. Oaks tried to provide for suppressing the Expositor. From Oaks' 1965 Utah Law Review article:
http://content.lib.utah.edu/utils/getfi ... /14523.pdf
(page 897)
The action of the Nauvoo City Council in suppressing an opposition newspaper may have been the earliest example of official action of this type ( in a day when mobs were not infrequently employed for the same purpose) , but subsequent history shows that such official acts of suppression were not unique.
In 1863 General Burnside proclaimed the suppression of the Chicago Times and the Jonesboro Gazette "on account of the repeated expression of disloyal and incendiary statements," and took possession of the Times printing office with troops. Publication was resumed four days later when public pressure induced Lincoln to rescind the order, so the action was never tested in court.
Yeah, Lincoln's power plays have been used to claim that JSJr's power plays are not unique in history. Somehow Lincoln's later acts justify JSJr's earlier ones? The only real precedent in America for JSJr declaring martial law was General Andrew Jackson declaring martial law (i.e., ignoring orders issued by courts to bring an arrested person before the court).