Reply To: Lincoln's Suspension Of Habeus Corpus Approved By Congress?


You’ve made a little mistake: it’s in Article I, the congressional portion of the Constitution, not Article II, “the section of the Constitution dealing with the [p]resident and his powers.” Why would it be in Article II, indeed, when the right to the writ of habeas corpus is a limitation on presidential powers? We wouldn’t expect the president to be the one who could waive it.

Of course Congress’s suspending it in 1863 doesn’t vitiate objections to Lincoln’s behavior in 1861.