We Need a Constitutional Amendment
“The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”–US Constitution. Should @RealDonaldTrump suspend the writ in order to reverse the Biden invasion?
— Tom Fitton (@TomFitton) April 19, 2025
From Grok:
Tom Fitton’s post references Article I, Section 9 of the U.S. Constitution, which allows suspension of habeas corpus—the right to challenge unlawful detention—only during rebellion or invasion if public safety demands it, a clause historically used in extreme cases like Lincoln’s Civil War suspension or against the Ku Klux Klan in 1871.
Fitton’s suggestion that Trump suspend habeas corpus to “reverse the Biden invasion” ties to criticisms of Biden’s immigration policies, which a 2024 House Oversight Committee report claims caused a border crisis with exponential increases in encounters and backlogs, accusing the administration of intentionally un-securing the border.
Suspending habeas corpus in this context would be unprecedented for immigration enforcement, as the writ’s historical use has been limited to wartime or domestic insurrections, not policy disputes, and could face legal challenges given the Supreme Court’s 2001 ruling in INS v. St. Cyr that the Suspension Clause protects the writ as it existed in 1789.
Source: https://ncrenegade.com/we-need-a-constitutional-amendment/
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