It Simply States That This Privilege Shall
Never Be Suspended Except Under Certain Conditions.
It shall not be
suspended unless when the public safety may require such suspension
on account of rebellion or invasion.
Rebellion or invasion is not
necessarily to produce such suspension. There is, indeed, no naked
matter of fact to guide either President or Congress in the matter;
and therefore I say that Mr. Binney is wrong in his premises.
Rebellion or invasion might occur twenty times over, and might even
endanger the public safety, without justifying the suspension of the
privilege of the writ under the Constitution. I say also that Mr.
Binney is wrong in his conclusion. The public safety must require
the suspension before the suspension can be justified; and such
requirement must be a matter for judgment and for the exercise of
discretion. Whether or no there shall be any suspension is a matter
for deliberation - not one simply for executive action, as though it
were already ordered. There is no matter-of-fact conclusion from
facts. Should invasion or rebellion occur, and should the public
safety, in consequence of such rebellion or invasion, require the
suspension of the privilege of the writ, then, and only then, may
the privilege be suspended. But to whom is the power, or rather the
duty, of exercising this discretion delegated? Mr. Binney says that
"there is no express delegation of the power in the Constitution?"
I maintain that Mr. Binney is again wrong, and that the Constitution
does expressly delegate the power, not to the President, but to
Congress.
Enter page number
PreviousNext
Page 318 of 531
Words from 85083 to 85345
of 142339
