What a shame noni. You have an MBA, and don't even know the answer. President Jefferson requested that CONGRESS suspend the writ, but the House rejected that petition.
But what we have never had was the entire Supreme Court rulling on the question of who may suspend habeas corpus because the question has never been brought before the entire court.
The US Supreme Court en banc addressed the petition for a writ of habeas corpus, and the issue of legitimate suspension.
Now in your Bizzaro MBA world, the suspension of the writ by a left-handed Eskimo lesbian, Lincolnite dwarf is constitutional because the full court has never ruled on that issue. Southerners (and many Northerners), especially those without a Bizzaro-world MBA understand that when the court held, '[i]f at any time the public safety should require the suspension of the powers vested by this act in the courts of the United States, it is for the legislature to say so', that they meant exactly that - that only the legislature could suspend the writ.
And again, the court wrote, '[w]hatever motives might induce the legislature to withhold from the supreme court the power to award the great writ of habeas corpus, there could be none which would induce them to withhold it from every court in the United States.' 'Legislature', 'them' - pluralities. Now maybe if Lincoln had multiple personalities he'd qualify as 'them', but he was not the Legislature.
I have an MBA and I do know the answer. The question before the court was not who could suspend habeas corpus, since it had not been suspended. The primary question before the court was whether it had the power to issue the writ, and the court ruled that it could. Habeas corpus had not been suspended so Chief Justice Marshall's comments on who may suspend it were made in dicta. I'm mildly amazed that you didn't remember all that.
Now in your Bizzaro MBA world, the suspension of the writ by a left-handed Eskimo lesbian, Lincolnite dwarf is constitutional because the full court has never ruled on that issue.
No, in my world the writ can be suspended when during invasion or rebellion should the situation require it. The question of whether Congress alone can suspend it or if the president has that power as well has not been identified, but those are the only two who may suspend it. That discounts your Eskimo lesbians or dwarfs, unless they happen to be Georgia congessmen. Something that cannot be discounted given the talent your state sends to Washington.
And again, the court wrote, '[w]hatever motives might induce the legislature to withhold from the supreme court the power to award the great writ of habeas corpus, there could be none which would induce them to withhold it from every court in the United States.' 'Legislature', 'them' - pluralities. Now maybe if Lincoln had multiple personalities he'd qualify as 'them', but he was not the Legislature.
Neither the legislature, singular or plural, nor the President had suspended habeas corpus. The claim had been made that the Supreme Court did not have the power to issue the writ in the first place. Keep reading the decision and perhaps one of these days the light bulb will go on and you'll actually understand what the facts before the court was and how the courts work.