The power to suspend the writ of habeas corpus in the United States lies exclusively with Congress. According to the Suspension Clause in Article I, Section 9, Clause 2 of the U.S. Constitution, "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 Constitution does not explicitly state which branch can suspend habeas corpus, but it is widely agreed that only Congress has this authority. The Executive branch, including the President, does not have the independent power to suspend habeas corpus, though Congress can delegate this power to the President, as it did with the Habeas Corpus Suspension Act of 1863 during the Civil War
. Historically, President Abraham Lincoln suspended habeas corpus early in the Civil War without Congressional approval, which was controversial and challenged in court. However, Congress later authorized the suspension through legislation, thereby legitimizing the President's actions
. In summary, only Congress can suspend habeas corpus, either directly or by explicitly authorizing the Executive to do so, and only under extraordinary circumstances such as rebellion or invasion when public safety requires it
