What's the buzz?
Homeland Security Advisor under Trump Sparks Outrage with Comment about Potential Suspension of Habeas Corpus
It seems folks are pretty freaked about the idea of suspending due process, specifically habeas corpus, in the U.S. Here's a collection of reactions from our community:
I'm Shook!- zoegomez101
In Agree-mint- maryeverdeen
Stay Woke, Fam- paulau4fbdfb725
Got Your Back- glitterydaredevil931
You Don't Say- mylesm4e8488c11
It's a Scary World- LosOlvidados
Speakin' Truth- Redcherokee
History Repeats- singingeachtoeach
Hold Up- metalliccowboy913
Straight Up Insane- Amelia
Enough is Enough- homeysmoothie238
No Pasaran- crunchyvolcano131
The Truth Hurts- icymagazine491
Simple and Easy- wolfinwolfscothing
He who controls the present controls the past, and he who controls the past controls the future.- homeysmoothie238
And so the conversation went on, with more folks sharing their thoughts, fears, and concerns about the state of the U.S. and the potential suspension of habeas corpus.
A Deep Dive
If you're interested in the constitutional, legal, and historical aspects of habeas corpus and its proposed suspension, here's a quick rundown:
Constitutional and Legal Arguments
- Congress, Not the President, Can Suspend Habeas Corpus: The U.S. Constitution's Suspension Clause, located in Article I, Section 9, is widely interpreted to mean that only Congress—not the President—has the power to suspend habeas corpus, and only under certain rare circumstances. This interpretation is supported by legal scholars and Supreme Court justices, including the late Justice Antonin Scalia and current Justice Amy Coney Barrett, who argue the power resides with the legislative branch since the clause is part of the article defining Congressional powers.
- Unilateral Presidential Suspension is Unconstitutional: Legal experts emphasize that a president suspending habeas corpus without Congressional authorization is per se unconstitutional. Georgetown University Law Center professor Steve Vladeck highlights that suggesting the executive branch can suspend habeas corpus simply because it might disagree with court rulings turns the Suspension Clause "entirely on its head."
- Judicial Review Is the Default: The Suspension Clause’s purpose is to preserve judicial oversight over government detention except in specific national security emergencies where judicial review itself might worsen the emergency. The argument that broad situations, such as immigration considered an "invasion," justify suspension is legally dubious because the emergency must be concrete and specific—not theoretical or political rhetoric.
Historical and Practical Arguments
- Suspension of Habeas Corpus Is Rare and Controversial: Historically, habeas corpus has only been suspended four times since 1789, always by Congress, and usually in very exceptional circumstances (e.g., during the Civil War and in war-affected territories). Even Abraham Lincoln’s unilateral suspension during the Civil War was controversial and later ratified by Congress.
- Risk to Civil Liberties and Due Process Rights: Habeas corpus protects individuals from unlawful detention by allowing judicial challenge of detention. Suspending it risks arbitrary detention without due process, which undermines fundamental rights and legal protections enshrined in the Constitution.
- Legal Challenges Already Reject Executive Overreach: Courts, including those with judges appointed by Trump, have ruled against attempts to bypass due process protections under laws like the Alien Enemies Act, underscoring judicial insistence on proper constitutional procedures.
- While debating the suspension of habeas corpus, some users expressed concern about the state of their relationships, with Redcherokee claiming it should frighten every law-abiding citizen.
- The legal and historical aspects of the proposed suspension of habeas corpus were discussed, with many users emphasizing that only Congress, not the President, has the power to suspend it.
- Health issues were raised as a consequence of the ongoing political conflicts, with icymagazine491 mentioning the issue of fentanyl overdoses.
- The political implications of war-and-conflicts were also touched upon, as crunchyvolcano131 argued that the suspension of habeas corpus is not about immigrants, but simply a diversion tactic. Furthermore, wolfinwolfscothing argued that the suspension of habeas corpus is just a simple and easy way for the government to control and manipulate the population.
