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To: rustbucket

So an article spelled out in the Constitution isn’t meant to do what it says? Why is it there then and why did FDR do much the same in WW2?


118 posted on 10/21/2012 11:07:43 AM PDT by jmacusa (Political correctness is cultural Marxism. I'm not a Marxist.)
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To: jmacusa; rustbucket; rockrr; TigerClaws
jmacusa: "So an article spelled out in the Constitution isn’t meant to do what it says?
Why is it there then and why did FDR do much the same in WW2?"

rusty's correct point is that (per Article 1, Section 9) only Congress has constitutional authority to suspend habeas corpus, not the President on his own authority.

At the time of Lincoln's first suspension of habeas corpus, April 27, 1861, the issue was riots and rebellion in Maryland -- exactly those envisioned by the Founders in the Constitution.
However, Congress was not in session at the time, so Lincoln acted on his own.
When Congress returned, it took up the question of authorizing Lincoln's actions, and eventually approved:

Jefferson Davis also suspended habeas corpus in the Confederacy:

Without doubt, the constitutional power to suspend habeas corpus belongs to Congress, not the President.
However, on occasion, Congress has authorized the President to suspend habeas corpus on his own authority, notably in the Civil Rights act of 1871.

Today the right of habeas corpus is much in the news, regarding terrorists, but that's a whole other subject.

120 posted on 10/21/2012 12:59:12 PM PDT by BroJoeK (a little historical perspective....)
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