[Loud Mime]

Article I gives the congress the power to suspend habeas corpus, not the executive. Lincoln usurped power from the congress, which is tyranny.

I do not read it that way, as such power should rest in the law enforcement end (the executive) instead of the legislative. Moreover, Section 8 gives powers to Congress; Section 9, which covers habeas corpus, is in another section. If it were a power of Congress, we would find it in Section 8, right?

Please explain further?

[SeeSharp]

Please explain further?

Section 8 describes powers of Congress. Section 9 describes limitation on the powers of congress. Both section pertain to the powers of Congress.

Congress has the power to create courts below the Supreme Court, which effectively confers absolute power over those courts, which in turn implies the right to suspend Habeas Corpus. Section 9 does not grant the power to suspend Habeas Corpus. It restricts the circumstances under which Congress may suspend it. Hope that helps.

"The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."

[Tublecane]

“Moreover, Section 8 gives powers to Congress; Section 9, which covers habeas corpus, is in another section. If it were a power of Congress, we would find it in Section 8, right?”

Both sections are part of Article One, which is Congress’ article.

[PhilipFreneau]

>>>I do not read it that way, as such power should rest in the law enforcement end (the executive) instead of the legislative. Moreover, Section 8 gives powers to Congress; Section 9, which covers habeas corpus, is in another section. If it were a power of Congress, we would find it in Section 8, right?<<<

It is in Article 1, which is exclusively for the congress. Section 9, Clause 2 reads” “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.” That in no way implies the President can suspend it, only that the congress can suspend it in cases of rebellion or invasion, and in no other case.

Of course, the executive branch enforces laws originated by the congress. But when a President or the Judiciary creates law out of thin air, or attempts to enforce a power when there is no congressional or constitutional authority for that power, that is usurpation of power, which is tyranny.