The writ of habeas corpus may be suspended only in cases of rebellion or invasion when the public safety requires it. This is stated in the Suspension Clause of the U.S. Constitution (Article I, Section 9, Clause 2), which provides that the privilege of the writ shall not be suspended except in those specific extraordinary circumstances. The suspension power is generally understood to be vested in Congress, not the President, although historically President Abraham Lincoln suspended it during the Civil War before Congress authorized it. The suspension is intended as a temporary measure in times of national crisis affecting public safety. To summarize:
- Habeas corpus suspension is allowed only during rebellion or invasion.
- The suspension must be necessary for public safety.
- The power to suspend lies primarily with Congress.
- Historically, the writ has been suspended a few times, including during the Civil War, Reconstruction, in the Philippines during an insurrection, and in Hawaii during World War II.
This clause protects liberty by ensuring that imprisonment without legal cause cannot happen except in extreme emergencies requiring temporary suspension of the writ.
