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"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.
What else can I help you with?
A writ of habeas corpus may not be suspended expect under what conditions?
invasion
May the writ of habeas corpus be suspended?
yes, yes it can when a rebellion or invasion ocures
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.
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.
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.
Who can file a writ of habeas corpus in Texas?
There are several types of writ of habeas corpus. Generally, a person who feels that they are being improperly confined may file a writ. `
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.
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.
Which branch can supsend the writ of habeas corpus?
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.
May suspend a writ of habeas corpus in time of war.?
Congress and the President
May suspend a writ of habeas corpus in a time of war.?
Congress and the President
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.
