Lawfare Archive: Amanda Tyler on “Habeas Corpus in Wartime”
The Lawfare Podcast
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Can Congress Suspend, but They Can Only Suspend Constitutionally?
Congress can suspend, but they can only suspend constitutionally, and the courts have to be able to police the boundaries there. There's a lot of evidence against this that the founding generation didn't expect the courts to play some policing role around abuses of the suspension power. I mean, it could get you to pedea, who was invading, right? But maybe not to homdy, whom we brought here.
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