Article I, Section 9, Clause 2
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.
The Federalist and Federalist essays
- quoted bySuggestedCassius 9, ¶ 14
Section Qth says, The writ of habeus corpus shall not be suspended, unless in case of rebellion, or the invasion of the publick safety may require it. It has been asserted by some, that a person accused of a crime, would be obliged to ruin himself, in order to prove his innocence ; as he would be…
Cites "Section Qth" (OCR "Q" for "9") and reproduces this clause with small differences of wording.
- quoted bySuggestedA Native of Virginia, Article I, ¶ 90
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.
The paragraph prints Article I, Section 9, Clause 2 of the Constitution as signed; the quoted words are the same as the clause's (apart from capitals and the long s), though the pamphlet's punctuation differs in places.
- cited bySuggestedA Native of Virginia, Article I, ¶ 91
BY this clauſe the Congreſs have the right of ſuſpending the habeas corpus in the two caſes of inſurrection and rebellion—a power which follows from the neceſſity of the thing.
The paragraph explains the right of suspending the habeas corpus, which is the subject of Article I, Section 9, Clause 2.
- cited bySuggestedA Native of Virginia, Article VI, ¶ 10
The article reſpecting the habeas corpus act corroborates this doctrine.
The paragraph cites "the article respecting the habeas corpus act" and says it may be suspended when circumstances require, which is Article I, Section 9, Clause 2.
- cited bySuggestedFederalist No. 83, ¶ 12
The trial by jury in criminal cases, aided by the habeas-corpus act, seems therefore to be alone concerned in the question. And both of these are provided for, in the most ample manner, in the plan of the convention.
Says habeas corpus is, with criminal jury trial, "provided for ... in the plan of the convention"; this is the only clause of the plan that names habeas corpus. The paragraph's own words are "the habeas-corpus act," not the wording of the clause.
- quoted byReviewedFederalist No. 84, ¶ 4
…United States; but the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment, and punishment according to law.” Section 9, of the same article, clause 2 “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.” Clause 3 “No bill of attainder or ex-post-facto law shall be passed.” Clause 7 “No title of nobility shall be granted by the United States; and no person holding…
The paragraph quotes this clause in quotation marks, identifying it as "Section 9, of the same article, clause 2."
- cited bySuggestedFederalist No. 84, ¶ 5
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…
Returns to the provisions quoted in the preceding paragraph, naming "the writ of habeas corpus" from this clause.
Anti-Federalist essays
- quoted bySuggestedBrutus 2, ¶ 13
We find they have, in the ninth section of the first article declared, that the writ of habeas corpus shall not be suspended, unless in cases of rebellion, — that no bill of attainder, or ex post facto law, shall be passed, — that no title of nobility shall be granted by the United…
The paragraph names "the ninth section of the first article" and reproduces the words of its habeas corpus clause ("unless in cases of rebellion", shortened from the clause).
- cited bySuggestedCentinel 2, ¶ 31
The new plan, it is true, does propose to secure the people of the benefit of personal liberty by the habeas corpus^ and trial by jury for all crimes, except in case of impeachment: but there is no declaration, that all men have a natural and unalienable right to worship Almighty God,…
The paragraph names the plan's provision for the habeas corpus, which is Article I, Section 9, Clause 2.
- cited bySuggestedFederal Farmer 4, ¶ 9
secured ; they all stand on the same footing ; they are the common rights of Americans, and have been recognized by the state constitutions : But the convention found it necessary to recognize or re-establish the benefits of that writ, and the jury trial in criminal cases.
Says the convention recognized "the benefits of that writ," the writ of habeas corpus named earlier in the paragraph, which only this clause provides for.
- cited bySuggestedLuther Martin 4, ¶ 2
It was my wish that the general government should not have the power of suspending the privilege of the writ of habeas corpus, as it appears to me altogether unnecessary, and that the power given to it may and will be used as a dangerous engine of oppression, but I could not…
The paragraph names the general government's power of "suspending the privilege of the writ of habeas corpus" and "the power given to it", echoing the words of Article I, Section 9, Clause 2.
Other writings
- cited bySuggestedMassachusetts convention, February 1, 1788, ¶ 34
The paragraph that gives Congress power to suspend the writ of habeas corpus claims a little attention.
The speaker identifies the paragraph by the power over the writ of habeas corpus and its limit while rebellion or invasion continues; no number is given.
- quoted bySuggestedMassachusetts convention, January 26, 1788, ¶ 2
The paragraph which provides that “the privilege of the writ of habeas corpus shall not be suspended, unless in cases of rebellion or invasion,” was read, when
The passage quotes the clause in quotation marks (cutting it off after "rebellion or invasion").
- cited bySuggestedMassachusetts convention, January 26, 1788, ¶ 6
He thought, the citizen had a better security for his privilege of the writ of habeas corpus under the federal than under the state constitution; for our legislature may suspend the writ as often as they judge “the most urgent and pressing occasions” call for it.
The reply to the question about the paragraph read in the preceding passage names the privilege of the writ of habeas corpus and the cases of rebellion or invasion; no number is given.
- quoted bySuggestedNew York convention, July 2, 1788, ¶ 19
Why is it said that the privilege of the writ of habeas corpus shall not be suspended, unless, in cases of rebellion or invasion, the public safety may require it?
The speaker asks why "the privilege of the writ of habeas corpus shall not be suspended, unless, in cases of rebellion or invasion, the public safety may require it" and calls it "this very clause"; the wording follows the clause except that "when" is missing before "in cases".
- cited bySuggestedVirginia convention, June 10, 1788, ¶ 103
The Constitution provides that no laws shall be suspended, except one, and that in time of rebellion or invasion, which is the writ of habeas corpus.
The speaker says "The Constitution provides that no laws shall be suspended, except one, and that in time of rebellion or invasion, which is the writ of habeas corpus."
- quoted bySuggestedVirginia convention, June 16, 1788, ¶ 89
For instance; the 2d clause of the 9th section of the 1st article provided that “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.” And, by the last clause of the same section, “no title of nobility shall be granted by the United States.” Now, if these restrictions had not been here inserted,…
The speaker cites "the 2d clause of the 9th section of the 1st article" and quotes it: "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."
- quoted bySuggestedVirginia convention, June 17, 1788, ¶ 27
The first prohibition is, that the privilege of the writ of habeas corpus shall not be suspended but when, in case of rebellion or invasion, the public safety may require it.
The speaker speaks of "this 9th section" and says "The first prohibition is, that the privilege of the writ of habeas corpus shall not be suspended but when, in case of rebellion or invasion, the public safety may require it"; the words are not in quotation marks and differ slightly from the clause.
- cited bySuggestedVirginia convention, June 6, 1788, ¶ 53
The suspension of the writ of habeas corpus is only to take place in cases of rebellion or invasion.
The speaker says "the suspension of the writ of habeas corpus is only to take place in cases of rebellion or invasion", wording found in Article I, Section 9, second clause.
Debates in Congress
- quoted bySuggestedSenate, March 19, 1962, ¶ 344
Finally, the Constitution declares that 'the privilege of the writ of habeas corpus shall not be suspended unless when, in case of rebellion or invasion, the public safety may require it ' ; whereas this bill declares martial law (which of itself suspends this great writ) in time of peace,…
The paragraph quotes words of Article I, Section 9, Clause 2.
On Article I, Section 9 as a whole
- cited bySuggestedHouse, August 15, 1789, ¶ 3
- cited bySuggestedHouse, June 8, 1789, ¶ 29
- cited bySuggestedFederal Farmer 4, ¶ 9
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