Replies

To: capitan_refugio; lentulusgracchus

The Constitution does not specify which branch(es) of government may suspend the privilege of the writ

Yes it does. Article I, Section 1 states "All legislative Powers herein granted shall be vested in a Congress of the United States"

So tell me, Dan, exactly what is so difficult to understand about the phrase "SHALL BE VESTED IN A CONGRESS OF THE UNITED STATES"?

2,097 posted on 09/27/2004 11:00:51 AM PDT by GOPcapitalist

To: GOPcapitalist

Does the "suspension clause," itself, require a legislative act? No.

2,109 posted on 09/27/2004 11:33:14 AM PDT by capitan_refugio

To: GOPcapitalist; capitan_refugio

Yes it does. Article I, Section 1 states "All legislative Powers herein granted shall be vested in a Congress of the United States"

Thank you. I saw that, too, but didn't think to quote it.

The location of the mention of suspension of habeas corpus in Article I, Section 1 is dispositive IMHO.

2,165 posted on 09/28/2004 1:38:59 AM PDT by lentulusgracchus ("Whatever." -- sinkspur)

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794