Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: tired&retired

I don’t think Congress has to go along.


11 posted on 05/10/2025 5:23:07 PM PDT by ModelBreaker
[ Post Reply | Private Reply | To 7 | View Replies ]


To: ModelBreaker

I tend to agree with you.

The historical debate has not been resolved.

There is more to the article than what I posted. It’s worth the time to read, especially since the author is now a US Supreme Court Justice.


12 posted on 05/10/2025 11:39:06 PM PDT by tired&retired (Blessings )
[ Post Reply | Private Reply | To 11 | View Replies ]

To: ModelBreaker

Sorry, I posted the article link on another thread. Here it is.

Common Interpretation

https://constitutioncenter.org/the-constitution/articles/article-i/clauses/763

by Amy Barrett

Circuit Judge of the United States Court of Appeals for the Seventh Circuit; Professor of Law at the University of Notre Dame Law School

Excerpt:

“The Clause does not specify which branch of government has the authority to suspend the privilege of the writ, but most agree that only Congress can do it.

President Abraham Lincoln provoked controversy by suspending the privilege of his own accord during the Civil War, but Congress largely extinguished challenges to his authority by enacting a statute permitting suspension. On every other occasion, the executive has proceeded only after first securing congressional authorization.

The writ of habeas corpus has been suspended four times since the Constitution was ratified:

Throughout the entire country during the Civil War;

in eleven South Carolina counties overrun by the Ku Klux Klan during Reconstruction;

in two provinces of the Philippines during a 1905 insurrection;

and in Hawaii after the bombing of Pearl Harbor.”


13 posted on 05/10/2025 11:45:34 PM PDT by tired&retired (Blessings )
[ Post Reply | Private Reply | To 11 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson