David Goodwin wrote:Well I was raised in the south and of course was never told about the ruling nor the clause that would allow this.
Is there a website somewhere on this partuclar topic? Now I'm curious.
We are prisoners of what we are told is the truth by others who do not know the facts.
Cantr charcters are not as easiliy fooled by what the goverment says is true or correct.
"Lincoln Increases Power
Despite the new president's message of both conciliation and warning, the danger of war breaking out between the Union and the seceding states was acute. When Lincoln announced plans to provision Fort Sumter (South Carolina) Southern guns thundered their reply and thus, on April 12, 1861, the war began. More than any previous president, Lincoln acted in unprecedented ways, drawing power as both chief executive and commander-in-chief, often without authorization or approval of Congress (who was not in session). Lincoln later explained that his actions without congressional approval were "indispensable to the public safet". Lincoln's wartime actions set a precedent for future presidents: Simply put, during time of war or crisis, the president gets the power."
That passage came from my US History Text.
The court case: Ex Parte Milligan (1866) which ruled that the president has full power in time of crisis and war. The only thing ruled unconstitutional was Lincoln's use of military courts instead of civilian courts for those who rebelled against the Union. This led to the term during 'a clear and present danger' against the US then the power goes to the president and all Constitutional rights can be suspended in order to protect the United States against a danger. But it would be up to your opinion of what is 'a clear and present danger' (Elastic Clause!).
Other cases where this was the same ruling; Schenck v. the US (1919), Korematsu v. the US (1944)(though this was onverturned later because the a court later said that the Japanese-Americans did not pose 'a clear and present danger'), and Yates v. the US (1957).
"Elastic Clause
the last paragraph of Article I, Section 8, of the U.S. Constitution, giving Congress the power to "make all laws which shall be necessary and proper" for carrying out the powers and purposes of the Constitution. So named because it can be used to expand the powers of Congress to fit appropriate situations, the elastic clause has provided a flexibility that has made frequent amendment of the Constitution unnecessary."
Got this from
http://college.hmco.com/history/readerscomp/gahff/html/ff_060500_elasticclaus.htm
This allows the Congress to amend the Constitution as well as (not said in this paragraph but is in my American History notes) the Congress, President, and Supreme Court to loosely interpret the Constitution. The reason at the time for this clause was so that each generation of Americans can interpret the Constitution as they saw fit to the socierty at the time as well as allow the Constitution to be changed as the American society changed. The authors of the Constitution didn't want to create a government that did not change with the times (they cited this was a problem in Old Europe and that they would not make the same mistake when they went to write the US Constitution after the Articles of Confederation failed).
Article 1, Section 8, last paragraph of the US Constitution
"To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof."
My US History teacher said this was the most powerful point of the US Constitution. I hope it was that important because there is a full chapter of it in my US History Text.
I'm surprised that they didn't teach you this stuff in High School down South. I heard the public schooling down there was pretty bad but I didn't think it was that bad.
I hope that clears some things up but I'm sure we'll find something to argue about still

. As far as websites go, you can get the worse of the bullshit from websites so many times I wouldn't pay attention to that stuff unless it is a highly respected organization or something of that nature.
I insure the Elastic Clause and those court cases are the real thing and are fact unless everything I learned in US History class was a lie which I'm sure isn't.

[/url]