Monica Lewinsky penned on op-ed Monday calling for a series of constitutional amendments, including age limits for elected officials and a ban on presidential self-pardons. In a piece in Vanity Fai…
If it is important for a president to suspend habeus corpus, then that should be a power granted through the constitution, not through suspension of the constitution.
The Writ of Habeas Corpus doesn’t come from the Constitution, it is from common law. However, the Constitution does say “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.” This both protects Habeas Corpus, and also allows for suspending it. It was controversial when Lincoln did it because he did so unilaterally as president, rather than Congress doing it, but the Constitution doesn’t actually say who can suspend it, or specify a procedure, so Lincoln’s act was within the Constitution.
Tldr: Suspending Habeas Corpus is controversial, but not the same as suspending the Constitution.
Suspension of the constitution meaning the president can’t say Habeus Corpus doesn’t apply during a state of crisis or some other similar example.
Lincoln did it, so did Wilson, Bush was too stupid to do it so Cheney got the Patriot act passed to do it for him.
If it is important for a president to suspend habeus corpus, then that should be a power granted through the constitution, not through suspension of the constitution.
The Writ of Habeas Corpus doesn’t come from the Constitution, it is from common law. However, the Constitution does say “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.” This both protects Habeas Corpus, and also allows for suspending it. It was controversial when Lincoln did it because he did so unilaterally as president, rather than Congress doing it, but the Constitution doesn’t actually say who can suspend it, or specify a procedure, so Lincoln’s act was within the Constitution.
Tldr: Suspending Habeas Corpus is controversial, but not the same as suspending the Constitution.