Looking Backward and Forward at the Suspension Clause
Publisher
Michigan Law Review
Date
2019
This essay considers whether the Suspension Clause of the Constitution, which states that the “privilege of the writ of habeas corpus” may not be suspended except in cases of “invasion of rebellion,” has since its enactment had an implicit “time of war” exception, even though suspensions would literally seem limited to instances in which the United States was actually “invaded” by an enemy or when internal “rebellion” had broken out.
Citation
G. Edward White, Looking Backward and Forward at the Suspension Clause (reviewing Amanda L. Tyler, Habeas Corpus in Wartime: From the Tower of London to Guantanamo Bay) 117 Michigan Law Review 1313–1332 (2019).