The Suspending Power And the Writ of Habeas Corpus volume 1

Cover The Suspending Power And the Writ of Habeas Corpus volume 1
The Suspending Power And the Writ of Habeas Corpus volume 1
James F Johnston
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2d. That those who granted it, changed it from the Legislative department in which, under the English and American Constitutions, it always had been, and but for this specific change would have remained, to the President, or Executive department of the Government; and 3d. That this power to suspend, is a limited one. B 18 Now two of those things may be found in that section. 1st, the grant of the foioer^ and 2d, a limit to the power thus granted, but that is all ; the 3d is not declared, there ...is not in the whole instru- ment the Djleam of an intention to change the old, accustomed and only organ of this power. It has been admitted that "the Consti- tution does not expressly say by what department of the Govern- ment this privilege is to be denied or deferred. " But it is clear that a grant of the poiver, with a limit to it does no more change and make the President the organ which is to exercise it, than would the mere admission that the power existed without the grant, make Am that organ.

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