[lentulusgracchus]

Hardly that, it's a central point in the claim by Nolu Chan and GOPcapitalist et.al. that Ex Parte Bollman ruled only congress can suspend habeas corpus, therefore Lincoln's actions were illegal.

Well, let me rephrase, then -- "the matter of who could suspend habeas corpus" was a red herring, for purposes of understanding what the case was about.

And yes, our friends are correct -- and not just because John Marshall concurred, but because it's in the black letters of the Constitution -- that Congress may suspend the "privilege" of habeas corpus.

But I still don't care about Ex Parte Bollman! Why should I care, when I have the plain English of the Constitution before me?

[capitan_refugio]

The Constitution does not specify which branch(es) of government may suspend the privilege of the writ. You make the textual case because of its location in the final version of the document.

Jaffa contends that where the suspension clause is located is not nearly as important as why it is in the document at all.