According to the U.S. Constitution, specifically Article I, Section 9, Clause 2 (the Suspension Clause), the privilege of the writ of habeas corpus may not be suspended except under two specific conditions:
- In cases of rebellion, or
- In cases of invasion,
and only when the public safety may require such suspension
. This means that the writ, which allows a prisoner to challenge the legality of their detention before a court, is protected as a fundamental right and can only be suspended during extraordinary circumstances that threaten the nation’s security. The Constitution does not explicitly state which branch of government may suspend habeas corpus, but it is generally agreed that only Congress has this authority, either directly or by delegating it to the Executive
. Historically, the writ has been suspended only a few times, such as during the Civil War, certain Reconstruction-era conflicts, and other limited insurrections, always justified by rebellion or invasion and the necessity to protect public safety
. In summary, the writ of habeas corpus may be suspended only in times of rebellion or invasion when public safety requires it, and this suspension is a constitutional exception to an otherwise fundamental liberty
