Dig into Suspending Writ of Habeas Corpus ("Suspension Clause")
Not much has been written on whether Suspension of Writ of Habeas Corpus is an Executive or Legislative power.
Horace Binney wrote 3 pamphlets on the subject and is the only one that really has dug into the issue since Lincoln's time.
I've uploaded 1 of the 3 pamphlets here.
A LITTLE BACKGROUND ON HORACE BINNEY
-Studied to be a physician at Harvard but then decided to be an attorney
-Studied law under one of the Founding Fathers, Jared Ingersoll
-As a child, he lived across the street from George Washington and next door to Alexander Hamilton
-When a topic interested him, he studied it deeply and at length to understand all sides of the issue
Horace Binney - It is Executive Power to Suspend Writ of Habeas Corpus
The power to suspend the privilege of the Writ is moreover inseparably connected with rebellion or invasion,— with internal
war . The direction Of such a war is necessarily with the Executive. The Office cannot be deprived of it. It i s the duty Of
the Office, in both its military and civil aspects, to suppress insurrection, and to repel invasion. The power to suspend the privilege, is supplementary to the military power to suppress or repel. It i s a civil power to arrest for privity or supposed privity with rebellion, as the military power is to suppress by capture for overt acts of rebellion. They should reside in the same magistrate, as inseparable incidents of the Executive power,
in time of internal war.
ANONS, WE NEED TO READ AND UNDERSTAND THE EXECUTIVE POWER TO SUSPEND HABEAS CORPUS AND HOW THE US CONSTITUTION SUPPORTS THIS EXECUTIVE POWER SO WE CAN SUPPORT OUR POTUS WHEN/IF HE MUST EXERCISE THIS POWER
Nov 7 2018 23:47:49 (EST)
https://en.wikipedia.org/wiki/Martial_law📁
https://en.wikipedia.org/wiki/Posse_Comitatus_Act📁
"..or in response to chaos associated with protests and mob action,"
Article 1, Section 9 of the US Constitution states, "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."
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ALEXANDER HAMILTON FEDERALIST #84 ALSO COVERS THE SUSPENSION OF WRIT OF HABEAS CORPUS
http://avalon.law.yale.edu/18th_century/fed84.asp
-Hamilton makes clear that the 'Suspension Clause' is independent of the Constitutional clauses that relate to the structure of the government:
"Independent of those which relate to the structure of the government, we find the following: … Section 9, of the same article, clause 2 "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.''
Those that argue that Suspension is a LEGISLATIVE POWER like to support their argument because the clause is found in Article 1 of the Constitution where the Legislative Branch Structure is discussed but here we have one of the Fore Fathers making it clear that is not the case.
sauce:
https://en.wikipedia.org/wiki/Horace_Binney
https://www.forgottenbooks.com/en/books/ThePrivilegeoftheWritofHabeasCorpusUndertheConstitution_10168303