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 Posted: Tue Feb 28th, 2012 02:12 pm
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Texas Defender
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Hank C-

  The quotation from the Constitution that you cited regarding the suspension of the Writ of Habeas Corpus is part of Article I, Section 9. Article I of the Constitution lists the powers granted to the Congress.

  The powers granted to the President in the Constitution are listed in Article II. They do not include the power to suspend the Writ of Habeas Corpus. Only the Congress has that power.

  Thus, the actions of Mr. Lincoln to suspend Habeas Corpus in certain areas of the country in 1861 were illegal. They had no legality under the Constitution until Congress suspended the Writ of Habeas Corpus in 1863.

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