If that is your point, then Congress did exercise its power, by accepting Lincoln's decision to suspend the habeas corpus, rather than rescinding it, and demanding that Lincoln revoke the suspension. So Congress did have the power, and it exercised its power in this case.
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I already addressed that point. I don't think that Congress can authorize a transfer of their own power without a Constitutional amendment. Further, this "authorization" was not until 1863, so the Merryman arrest and any others done prior to that would still be unquestionably illegitimate. Finally, I believe Ex parte Milligan struck down Congress' actions, although I'd have to double check that.Follow me on Twitter: http://twitter.com/DaveDaDouche
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