| | Although this provision does not state that suspension must be effected by, or authorized by, a legislative act, it has been so understood, consistent with English practice and the Clause's placement in Article I.<ref>See Ex parte Bollman, 8 U.S. 75, 4 Cranch 75, 101, 2 L. Ed. 554 (1807); Ex parte Merryman, 17 F. Cas. 144, 151-152, F. Cas. No. 9487 (CD Md. 1861) (Taney, C. J., rejecting Lincoln's unauthorized suspension); 3 Story § 1336, at 208-209.</ref> | | Although this provision does not state that suspension must be effected by, or authorized by, a legislative act, it has been so understood, consistent with English practice and the Clause's placement in Article I.<ref>See Ex parte Bollman, 8 U.S. 75, 4 Cranch 75, 101, 2 L. Ed. 554 (1807); Ex parte Merryman, 17 F. Cas. 144, 151-152, F. Cas. No. 9487 (CD Md. 1861) (Taney, C. J., rejecting Lincoln's unauthorized suspension); 3 Story § 1336, at 208-209.</ref> |
| − | The Suspension Clause was by design a safety valve, the Constitution's only "express provision for exercise of extraordinary authority because of a crisis," Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579, 650, 96 L. Ed. 1153, 72 S. Ct. 863, 62 Ohio Law Abs. 417 (1952) (Jackson, J., concurring). | + | The Suspension Clause was by design a safety valve, the Constitution's only "express provision for exercise of extraordinary authority because of a crisis."<ref>''[[Youngstown Sheet and Tube Co. v. Sawyer]]'', 343 U.S. 579, 650 (1952) (Jackson, J., concurring).</ref> |
| | President [[Thomas Jefferson]] unsuccessfully sought a suspension of [[habeas corpus]] to deal with [[Aaron Burr]]'s conspiracy to overthrow the Government.<ref>See 16 Annals of Congress 402-425 (1807).</ref> During the Civil War, Congress passed its first Act authorizing executive suspension of the writ of habeas corpus,<ref>see Act of Mar. 3, 1863, 12 Stat. 755</ref> to the relief of those many who thought President Lincoln's unauthorized proclamations of suspension<ref>e.g., Proclamation No. 1, 13 Stat. 730)</ref> unconstitutional. Later Presidential proclamations of suspension relied upon the congressional authorization.<ref>e.g., Proclamation No. 7, 13 Stat. 734.</ref> During Reconstruction, Congress passed the [[Ku Klux Klan Act]], which included a provision authorizing suspension of the writ, invoked by President Grant in quelling a rebellion in nine South Carolina counties.<ref>See Act of Apr. 20, 1871, ch. 22, § 4, 17 Stat. 14; A Proclamation [of Oct. 17, 1871], 7 Compilation of the Messages and Papers of the Presidents 136-138 (J. Richardson ed. 1899) (hereinafter Messages and Papers); id., at 138-139.</ref> | | President [[Thomas Jefferson]] unsuccessfully sought a suspension of [[habeas corpus]] to deal with [[Aaron Burr]]'s conspiracy to overthrow the Government.<ref>See 16 Annals of Congress 402-425 (1807).</ref> During the Civil War, Congress passed its first Act authorizing executive suspension of the writ of habeas corpus,<ref>see Act of Mar. 3, 1863, 12 Stat. 755</ref> to the relief of those many who thought President Lincoln's unauthorized proclamations of suspension<ref>e.g., Proclamation No. 1, 13 Stat. 730)</ref> unconstitutional. Later Presidential proclamations of suspension relied upon the congressional authorization.<ref>e.g., Proclamation No. 7, 13 Stat. 734.</ref> During Reconstruction, Congress passed the [[Ku Klux Klan Act]], which included a provision authorizing suspension of the writ, invoked by President Grant in quelling a rebellion in nine South Carolina counties.<ref>See Act of Apr. 20, 1871, ch. 22, § 4, 17 Stat. 14; A Proclamation [of Oct. 17, 1871], 7 Compilation of the Messages and Papers of the Presidents 136-138 (J. Richardson ed. 1899) (hereinafter Messages and Papers); id., at 138-139.</ref> |