yes, yes it can when a rebellion or invasion ocures
invasion
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.
I quote from the Constitution:"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."The Patriot Act, however, passed in 2001 provides for mandatory detention of terrorist suspects.
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.
There are several types of writ of habeas corpus. Generally, a person who feels that they are being improperly confined may file a writ. `
It's in article one, section nine and reads... 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.
The US Constitution states that the writ of habea corpus may be suspended by Congress only in times of war, invasion, or national emergency. Congress has suspended the writ in the case of prisoners held at Guantanamo as alleged terrorists or illegal combatants. This action is controversial because the US has not been invaded, is not engaged in a declared war, and is not in a state of national emergency.
The branch that may suspend the writ of habeas corpus is the executive. However, there are several instances where legislative may take up this role.
Congress and the President
Congress and the President
Habeas corpus is the right of "innocent until proven guilty". At times, the safety of a country may require the suspension of this "right" - for example during times of rebellion, where a person may be imprisoned without proving them "guilty" first. This suspension of habeas corpus is usually deemed to "improve the safety of a country" during times of civil disobedience. For example, during the French Revolution, habeas corpus was suspended.
Article 1 Section 9Word for word int he Constitution. "Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."