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.
When a national emergency is declared in the United States, there is no specific article of the Constitution that is automatically suspended. However, certain rights and provisions under the Constitution, particularly those outlined in the Bill of Rights, may be limited or restricted, depending on the nature of the emergency and the actions taken by the government. For example, during times of national emergency, certain freedoms like assembly or speech can be curtailed. The specific rights affected can vary based on the circumstances of the emergency.
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.
rellion or invasion only
National Emergency
Remove Congressmen from their positions.
Abraham Lincoln suspended civil liberties at the beginning of the Civil War.
Article 2 allows the president to expand his powers in times of national crisis.
If the president feels that the security of India or any part of India is threatened by war, foreign aggression or internal armed rebellion, he/she can declare a state of emergency. During such an emergency, the centre can make laws on subjects mentioned in the State List. Moreover, some Fundamental Rights of the people are also suspended or curtailed. This decleration of emergency has to be approved by Parliament within a month.
Executive national or Head
The Constitution gives sovereignty only to the national government
No, the Vice President does not have the authority to call in the National Guard. This power lies with the state governors, who can request assistance from the National Guard in times of emergency or unrest.
Executive national or Head