# Think Tank > U.S. Constitution >  Can the Constitution be suspended in time of emergency?

## CroSpartacus

Is there ever a case where the Constitution can be suspended in times of crisis or national emergency?

 In times of war, I believe that the 1st amendment should still protect free speech and people voicing their opinions against the war. However, the Constitution also says that giving aid to the enemy of the US is treason. I think of this as giving monetary donations to a foreign country during time of war, or giving US military plans to the country we are at war with.

But I don't think the Constitution can be suspended just because we are at war. I'm thinking in the event of a national emergency, such as a direct foreign invasion on our soil. Could the Constitution be suspended during this time? Is it Congress who decides to suspend it?

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## Travlyr

The Constitution is the document that authorizes government.  To suspend the Constitution would mean to suspend government.  That does not make sense.

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## MRoCkEd

Habeas corpus may be suspended in times of invasion or rebellion under the constitution.

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## heavenlyboy34

> The Constitution is the document that authorizes government.  To suspend the Constitution would mean to suspend government.  That does not make sense.


Actually, it makes perfect sense.

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## KCIndy

Wikipedia has a pretty good summation of the suspension of Habeas corpus:

http://en.wikipedia.org/wiki/Habeas_..._United_States






> Habeas corpus /ˈheɪbiəs ˈkɔrpəs/, Latin for "you [shall] have the body," is the name of a legal action or writ by means of which detainees can seek relief from unlawful imprisonment. The Suspension Clause of the United States Constitution specifically included the English common law procedure in Article One, Section 9, clause 2, which demands 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."



Quite a bit follows, including examples of suspension in the Civil War, WWII, and the 21st Century.  Worth reading.

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## Kludge

> Is there ever a case where the Constitution can be suspended in times of crisis or national emergency?
> 
>  In times of war, I believe that the 1st amendment should still protect free speech and people voicing their opinions against the war. However, the Constitution also says that giving aid to the enemy of the US is treason. I think of this as giving monetary donations to a foreign country during time of war, or giving US military plans to the country we are at war with.
> 
> But I don't think the Constitution can be suspended just because we are at war. I'm thinking in the event of a national emergency, such as a direct foreign invasion on our soil. Could the Constitution be suspended during this time? Is it Congress who decides to suspend it?


Both the president (by executive order) and Congress have made fact they have power to nullify portions of the Constitution when they want, and the SCOTUS generally bows to the president's decision when national security is the justification. There's an out-of-date and kinda $#@!ty article on "impeachable acts" Bush has signed in here: http://www.independent.org/newsroom/article.asp?id=1639

Is there ever a time when the government should nullify portions of the terms and conditions in which all officials swore an oath to abide by? No, and if they do, they are no longer bound by any of the Constitution - but government representatives have made it clear they don't value the Constitution, so even bothering to use Constitutional arguments is a lost cause, imo.




> Habeas corpus may be suspended in times of invasion or rebellion under the constitution.


Right. There's an unsettling history of habeas corpus being suspended. The US Government has seemed quite willing to suspend sections of the Constitution since Lincoln.

If anyone's unfamiliar with it, you should definitely research the Alien & Sedition Acts, and also especially check out the Sedition Act of 1918 and the Espionage Act.

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## Original_Intent

Well, they can literally TRY anything they want whenever they want. The question is and always has been: will it be allowed to stand?

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## Kotin

We have been in a "state of emergency" for decades for just that reason..

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