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PRECEDENT SET BY LINCOLN...SCOTUS MUST ACCEPT THE PRECEDENT AS PRESIDENTIAL POWER. IT IS NOT THE SCOTUS DECISION...THE CONSTITUTION GIVES THE PRESIDENT HIS POWER. THE SCOTUS ONLY SET PRECEDENT OF ACTIONS THE PRESIDENT CAN PERFORM. EXAMPLE...DURING THE CIVIL WAR...ABRAHAM LINCOLN DENIED A SCOTUS RULING ON HABEAS CORPUS...STATING THAT IN TIME OF WAR...THE PRESIDENTS DEGISIONS CAN SAVE LIVES AND CAN NOT WAIT FOR CONGRESSIONAL OR SCOTUS DECISION. LINCOLN WAS PROVEN CORRECT...AND THE SCOTUS DID NOT RULE AGAINST THIS PRECEDENT. During the Civil War, President Lincoln faced a Supreme Court ruling challenging his wartime actions, particularly the suspension of the writ of habeas corpus. Chief Justice Roger Taney issued a ruling in Ex parte Merryman (1861) that the President lacked the authority to suspend habeas corpus, a right guaranteed by the Constitution. However, Lincoln did not immediately or directly respond to Taney's ruling, choosing to prioritize the military needs of the Union. Elaboration: Ex parte Merryman: In this case, a military commander refused to release John Merryman, who was detained without a hearing. Chief Justice Taney issued a writ of habeas corpus, but the military ignored it. Taney's Ruling: Taney ruled that the Constitution specifically places the power to suspend habeas corpus in the hands of Congress, not the President. Lincoln's Response: Lincoln, while acknowledging Taney's ruling, ultimately prioritized the military's needs and did not directly respond to the court's decision. He justified his actions by arguing that the nation's survival required suspending habeas corpus in cases of rebellion or invasion, as explicitly allowed by the Constitution. Uncertainty of Enforcement: Taney recognized that his ruling could not be enforced without Lincoln's cooperation, as the military would likely ignore any orders from the court. Lincoln's Action: Despite Taney's ruling, Lincoln continued to suspend habeas corpus, and his administration later argued that the president has the power to suspend habeas corpus when the public safety is at risk. Later Supreme Court Decisions: The Supreme Court generally refrained from directly challenging Lincoln's wartime measures during the war, and the issue was later addressed in subsequent cases. federaljuficialcenter gov SO HABEAS CORPUS IS BEING CLAIMED TODAY BY CONGRESS...THIS PRECEDENT IS VERY FAVORABLE FOR TRUMP...IN MEASURE FOR PUBLIC SAFETY.