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To: GOPcapitalist
We've been over this one several times. The Constitution designates the power to suspend habeas corpus to the legislature by way of Article I, Section 1

Article. I.

Section. 1. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

No it doesnt. I reckon you mean Art. sec. 9. para 2

"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."

Now, tell me where the Constitution forbids the president from suspending the Writ?

Walt

174 posted on 12/12/2002 1:44:33 PM PST by WhiskeyPapa
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To: WhiskeyPapa
No it doesnt. I reckon you mean Art. sec. 9. para 2

Yes Walt. It does. Article I, Section 1 states "All legislative Powers herein granted," meaning in this article, "shall be vested in a Congress of the United States"

One of the powers granted in article I is that of suspending habeas corpus and section 1 states that it shall be vested in the Congress.

Now, tell me where the Constitution forbids the president from suspending the Writ?

On a strictly technical reading, in Article I, Section 1 because it specifically vests that power in the Congress and not the president.

175 posted on 12/12/2002 1:50:56 PM PST by GOPcapitalist
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