Habeas Corpus Suspension Clause

In the founders’ words

• “Mr. Govr. MORRIS moved that "The privilege of the writ of Habeas Corpus shall not be suspended; unless where in cases of Rebellion or invasion the public safety may require it." Mr. WILSON doubted whether in any case a suspension could be necessary, as the discretion now exists with Judges, in most important cases to keep in Gaol or admit to Bail.” James Madison, Madison's Notes of Debates in the Federal Convention, August 28, 1787 (1787-08-28)
• “The establishment of the writ of habeas corpus, the prohibition of ex-post-facto laws, and of TITLES OF NOBILITY, TO WHICH WE HAVE NO CORRESPONDING PROVISION IN OUR CONSTITUTION, are perhaps greater securities to liberty and republicanism than any it contains.” Alexander Hamilton, The Federalist No. 84 (1788-05-28)
• “And it was urged, that if we gave this power to the general government, it would be an engine of oppression in its hands, since whenever a State should oppose its views, however arbitrary and unconstitutional, and refuse submission to them, the general government may declare it to be an act of rebellion, and suspending the habeas corpus act, may seize upon the persons of those advocates of freedom, who have had virtue and resolution enough to excite the opposition, and may imprison them during its pleasure in the remotest part of the union” Luther Martin, Luther Martin, The Genuine Information, published serially Dec. 1787-Feb. 1788 (on habeas corpus) (1787-12-28)
• “First the omission of a bill of rights providing clearly and without the aid of sophisms for freedom of religion, freedom of the press, protection against standing armies, restriction against monopolies, the eternal and unremitting force of the habeas corpus laws, and trials by jury in all matters of fact triable by the laws of the land and not by the law of Nations.” Thomas Jefferson, Thomas Jefferson to James Madison, December 20, 1787 (1787-12-20)

Public-domain primary sources, quoted word for word and checked against the linked text.

Leading Supreme Court cases

• Ex parte Milligan, 71 U.S. 2 (1866)
• Hamdi v. Rumsfeld, 542 U.S. 507 (2004)
• Boumediene v. Bush, 553 U.S. 723 (2008)
• Department of Homeland Security v. Thuraissigiam, 591 U.S. 103 (2020)

Cite this page

Values for America Constitution Explorer, https://www.valuesforamerica.com/constitution (text: National Archives transcription, public domain), Article I, Section 9, Clause 2, https://www.valuesforamerica.com/constitution/article-1/section-9/clause-2

Data: this provision as JSON.