Toggle navigation
Toggle navigation
Home
DCUM Forums
Nanny Forums
Events
About DCUM
Advertising
Search
Recent Topics
Hottest Topics
FAQs and Guidelines
Privacy Policy
Your current identity is: Anonymous
Login
Preview
Subject:
Forum Index
»
Political Discussion
Reply to "Habeas Corpus"
Subject:
Emoticons
More smilies
Text Color:
Default
Dark Red
Red
Orange
Brown
Yellow
Green
Olive
Cyan
Blue
Dark Blue
Violet
White
Black
Font:
Very Small
Small
Normal
Big
Giant
Close Marks
[quote=Anonymous]The Constitution generally states that only Congress has the power to suspend habeas corpus, though it may do so in cases of rebellion or invasion when public safety requires it. This power is primarily based on Article I, Section 9, Clause 2 of the Constitution. The president cannot suspend habeas corpus without explicit authorization from Congress. Elaboration: Suspension Clause: The Constitution's Suspension Clause (Article I, Section 9, Clause 2) states that "the Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it". Congressional Authority: While the clause doesn't explicitly name the branch with the authority to suspend habeas corpus, legal scholars and historical precedent strongly suggest that this power resides with Congress. Executive Power: The president cannot unilaterally suspend habeas corpus; they need congressional authorization. Historical Examples: During the Civil War, President Abraham Lincoln suspended habeas corpus, but his action was met with opposition and later affirmed by Congress through the Habeas Corpus Suspension Act of 1863. Recent Discussions: Recent discussions, such as those surrounding the Trump administration's consideration of suspending habeas corpus to address immigration, highlight the ongoing debate and legal interpretations surrounding this power. Key Points: The Constitution limits the suspension of habeas corpus to cases of rebellion or invasion. Only Congress, or through delegated authority, can suspend habeas corpus. The president cannot unilaterally suspend habeas corpus. habeas corpus | Wex | US Law | LII / Legal Information Institute Only Congress has the power to suspend the writ of habeas corpus, either by its own affirmative actions or through an express dele... Law.Cornell.Edu Habeas corpus in the United States - Wikipedia Lincoln's action was rapidly challenged in court and overturned by the U.S. Circuit Court of Appeals in Maryland (led by the Chief... Wikipedia Habeas Corpus Suspension Act (1863) - Wikipedia May's bill passed the House in summer 1862, and it would later be included in the Habeas Corpus Suspension Act, which would requir... Wikipedia [/quote]
Options
Disable HTML in this message
Disable BB Code in this message
Disable smilies in this message
Review message
Search
Recent Topics
Hottest Topics