[4CJ]

I know there are some that believe the issue of legitimate suspension have never been anwered "definitively".  I can think of three - (Marshall's Swartwout and Bollman, Johnson v. Duncan,  and Justice Taney's ex parte Merryman) and there are probably others. 

[I]n the case of Swartwout and Bollman, arrested in this city in 1806 by general Wilkinson. The Court there declared, that the Constitution had exclusively vested in Congress the right of suspending the privilege of the writ of Habeas Corpus, and that body was the sole judge of the necessity that called for the suspension. "If, at any time," said the Chief Justice, "the public safety shall require the suspension of the powers vested in the Courts of the United States by this act, (the Habeas Corpus act,) it is for the Legislature to say so. This question depends on political considerations, on which the Legislature is to decide: Till the Legislature will be expressed, this Court can only see its duties, and must obey the law." 4 Cranch 101.

This leads me to the examination of the power of suspending the writ of Habeas Corpus, and that which it is said to include, of proclaiming Martial Law, as noticed in the Constitution of the United States. As in the whole article cited, no mention is made of the power of any other branch of government but the Legislative, it cannot be said that any of the limitations which it contains extend to any of the other branches. Iniquum est perimi de pacto id de quo cogitatum non est. If, therefore, this suspending power exist in the executive (under whose authority it has been endeavoured to exercise it) it exists without any limitation, then the president possesses without a limitation a power which the Legislature cannot exercise without a limitation. Thus he possesses a greater power alone than the house of representatives, the senate and himself jointly.

Again, the power of repealing a law and that of suspending it (which is a partial repeal) are Legislative powers. For eodem modo quo quid constituitur, eodem modo destruitur. As every Legislative power, that may be exercised under the Constitution of the United States, is exclusively vested in Congress, all others are retained by the people of the several states.

Justice Martin, Johnson v. Duncan, 3 Mart. 530 La., (1815)

How many decisions does it take? 

[WhiskeyPapa]

As in the whole article cited, no mention is made of the power of any other branch of government but the Legislative, it cannot be said that any of the limitations which it contains extend to any of the other branches.

Ummmm......... this would support the idea that the executive branch is not bound by Art. 1, section 9.

Walt