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Originally Posted by smooth
Rad Article I, Section 9, Clause 2 and get back to us if you still think the president wasn't allowed to suspend habeas corpus proceedings.
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This is a limitation and power afforded only to congress, not the executive. That is why it is in Art. 1 and not Art. 2
This is why it's a hotly contested power during the war on terrorism. In fact, if I remember right, the USSC ruled on this with the Padilla case stating that only congress had the power to suspend habeus corpus and the president could not do this without specific authorization via legislation by congress.
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"no amount of force can control a free man, a man whose mind is free. No, not the rack, not fission bombs, not anything. You cannot conquer a free man; the most you can do is kill him."
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