The Suspending Power and the Writ of Habeas Corpus (Classic Reprint)
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| Partner: | buecher.de |
| Hersteller: | Forgotten Books (Johnston, James F.) |
| Stand: | 2015-08-04 03:50:33 |
Produktbeschreibung
Excerpt from The Suspending Power and the Writ of Habeas Corpus The people of the United States, through State Conventions, ordained that the Constitution should be the supreme law of the land; and to secure the blessings of liberty to themselves and their posterity, by the 1st clause of the 9th section of the 1st Article, declared that "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." It will be observed that this does not, nor docs the Constitution elsewhere, grant this privilege to the people. It assumes that they have it. It prohibits the Government of the United States, and all its departments, under any and all circumstances, from totally depriving the people of this, their privilege; but it does grant the power to suspend that privilege when, but not till, two things shall concur and have been determined by the competent authority, viz: 1. A rebellion, (or an invasion,) and 2. That the public safety requires it to be then suspended. This clause grants, that, under these concurring conditions, that power may be exercised by - whom? That is the inquiry. It is affirmed by some, that that power is granted to the President, and by others that it belongs to the Congress. No one has thus far contended that it belongs to each of them, nor yet to the Judiciary. It follows that the power can be exercised only by the Congress or by the President. For the President´s power it has been said: I. That the phrases, "privilege of the Writ," and "suspended" as predicated of that privilege, arc expressions unknown to the common or to parliamentary law - and that "suspending the Habeas Corpus Act" is an "inaccurate expression," as the Act "was never for a moment suspended." About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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