Can the President Suspend Habeas Corpus?: 5 Outstanding Facts

The president does not have the constitutional right to suspend Habeas Corpus. Under the legal concept of habeas corpus, a person cannot be kept in prison by the government authorities unless he or she has been brought before a court of law. To understand its relevance within the current social-political situation in which the country finds itself, it is necessary to interrogate not only its origins but how it has been applied in the US.

The President’s Powers Regarding Habeas Corpus

In Schroeder’s work, the author notes that the writ of habeas corpus was originally found in the English common law of the Middle Ages. It was then brought over to North American during the period of the British colonization. However, Article 1, Section 9 of the US Constitution provides that habeas corpus shall not be suspended and, if it is, the suspension can only happen in two cases. The first is during cases of rebellion or invasion of the country and the second is where the suspension is generally deemed to be necessary for the maintenance of public safety.

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