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Mr. Beat | Can the President Throw You in Jail for No Reason? @iammrbeat | Uploaded 1 year ago | Updated 12 hours ago
Mr. Beat looks at whether or not an American President actually has the authority to suspend the writ of habeas corpus, the requirement that a person under arrest is brought before a judge or into a court to know why they are arrested.

Produced by Matt Beat.

Here's an annotated script for this video:
docs.google.com/document/d/1cjUDrgpxVak104oOXS4ie5wLIdAGkMtR-u0UZui7mIk/edit?usp=sharing

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#habeascorpus #law #presidents

Underneath my video about why I think Abraham Lincoln is not the greatest president, someone commented this:

Fun Fact people often get wrong: Lincoln’s suspension of the Writ of Habeas Corpus was Constitutional. Article 1, Section 9, Clause 2 of the Constitution states: “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.”

Except, no, many have argued that Lincoln’s suspension of the Writ of Habeas Corpus was NOT constitutional.

The comment cited the Suspension Clause of Article 1, but Article 1, remember, is all about what Congress can do. It’s CONGRESS that can suspend the habeas corpus, not the President! In fact, in Ex Parte Merryman, a federal court stated that the President can’t suspend habeas corpus nor even let the military do it.

And the only reason why I’m making this video is because that inaccurate comment got 765 likes. (pointing) What the heck people?

That said, the constitutional question of who has the right to suspend habeas corpus, Congress or the president, has never been fully resolved.
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Can the President Throw You in Jail for No Reason? @iammrbeat

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