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I'm assuming you're referring to Article One, Section 9, Clause 2 of the US Constitution, which 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."
Habeas Corpus, Latin for "You shall have the body" refers to the right of citizens to know what crime they are being accused of. A writ of Habeas is basically a statement by the government of why a citizen is being held by the government. The right to know why you have been imprisoned is actually the only right enshrined in the main body of the Constitution itself, not granted by the Bill of Rights or the later Amendments.
The writ has been suspended several times during American history; most well-known of these was during the Civil War. Writs were also suspended during Reconstruction, in Hawaii during the Second World War, and in the case of German sabatuers caught in New York (ex parte Quirin case)
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∙ 11y ago
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∙ 16y agoWrit of Habeas Corpus
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This may be suspended in cases of rebellion or invasion what article is it found?
Article I, Section 9
A writ of habeas corpus may not be suspended except under what conditions?
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.
According to the Constitution what conditions may the writ of habeas corpus be suspended under?
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.
Who has the right to suspend habeas corpus?
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.
May the writ of habeas corpus be suspended?
yes, yes it can when a rebellion or invasion ocures
When can the right of habeas corpus be suspended?
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.
Where can the Writ of Habeas Corpus be found in the constitution?
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."
Where is the habeas corpus clause and what does it say?
Article 1 Section 9 Word for word from the Constitution. "Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."
Where is the habeas corpus clause in the constitution?
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.
When may the writ of habeas corpus be suspended?
"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." - Article I, Section 9, Clause 2, U.S. Constitution This means that only in time of an active rebellion or foreign invasion may it be suspended, and, even then, the President's action is subject to Supreme Court review. Generally speaking, the Supreme Court requires that suspension be as limited as possible (i.e. only in the affected areas, not elsewhere), though, of course, this is highly dependent on the situation, and is a drastic step not taken lightly.
May the Constitution be suspended by the President in time of national emergency?
No. The Constitution provides that Habeas Corpus may be suspended, if in times of rebellion or invasion, the public safety may require it. However, there is no provision for suspending the Constitution. Doing so would be unconstitutional.
What is the meaning of the privilege of the Writ of Habeas Corpus shall not be suspended except in cases of invasion or rebellion when the public safety requires it?
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.
