Lincolns Suspension of Habeas Corpus As Viewed By Congress
Lincolns Suspension of Habeas Corpus As Viewed By Congress
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To suspend ... " meant Congressional au- thorization to suspend. Field's statement may be given as fairly typical. There were, he said, two objections to the third section : '"The first is, it takes for granted that the power of suspending the privilege of the writ of habeas corpus is conferred by the Constitution upon Congress alone ; and then it proposes that Congress should delegate to the Presi- dent, not only the power of suspending the writ, but also of determining whether the exigency ha...s arisen which would justify such a suspension ... I hold that the Consti- tution of the United States confers upon the President, and not upon Congress, the power of suspending the privilege of the writ of habeas corpus; but if mistaken in this, I hold that Congress has no authority to delegate to the President the exercise of such a power. "^* Collamer went even further, and asserted that the bill was a condemnation of Presidential sus- pension : "It goes on the ground that anything he [the President] has done by way of imprisoning these people is not in the least altered by his suspension of the habeas Corpus; that is to say, 'we are right about the construction of the sus- pension of the habeas corpus act [clause of the Constitution], and you are wrong.
What to read after Lincolns Suspension of Habeas Corpus As Viewed By Congress?
You can find similar books in the "Read Also" column, or choose other free books by George C George Clarke Sellery to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
To suspend ... " meant Congressional au- thorization to suspend. Field's statement may be given as fairly typical. There were, he said, two objections to the third section : '"The first is, it takes for granted that the power of suspending the privilege of the writ of habeas corpus is conferred by the Constitution upon Congress alone ; and then it proposes that Congress should delegate to the Presi- dent, not only the power of suspending the writ, but also of determining whether the exigency ha...s arisen which would justify such a suspension ... I hold that the Consti- tution of the United States confers upon the President, and not upon Congress, the power of suspending the privilege of the writ of habeas corpus; but if mistaken in this, I hold that Congress has no authority to delegate to the President the exercise of such a power. "^* Collamer went even further, and asserted that the bill was a condemnation of Presidential sus- pension : "It goes on the ground that anything he [the President] has done by way of imprisoning these people is not in the least altered by his suspension of the habeas Corpus; that is to say, 'we are right about the construction of the sus- pension of the habeas corpus act [clause of the Constitution], and you are wrong.
What to read after Lincolns Suspension of Habeas Corpus As Viewed By Congress?
You can find similar books in the "Read Also" column, or choose other free books by George C George Clarke Sellery to read onlineMoreLess
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