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To: LexBaird
He suspended Habeus Corpus in the areas under insurrection, which is constitutionally provided for "when in Cases of Rebellion or Invasion the public Safety may require it."

Again, this power falls to Congress, not the President. Congress can suspend the writ of habeas corpus, not the President.

107 posted on 04/12/2007 12:07:56 PM PDT by Publius Valerius
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To: Publius Valerius
Again, this power falls to Congress, not the President. Congress can suspend the writ of habeas corpus, not the President.

The only indication of that is contextual, as the clause is within Article 1, and is silent on who may invoke it. Prior to Lincoln's action, the question had never been settled. Regardless, Lincoln did not "suspend the Constitution", as the original post contended. He acted within what he believed were his constitutional powers.

135 posted on 04/12/2007 12:35:06 PM PDT by LexBaird (98% satisfaction guaranteed. There's just no pleasing some people.)
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