From The Constitution of the United States
Article I, Section 9, Paragraph 2:
So, habeas corpus is a privilege, not a right, and since its only mention is in Article I, the power to suspend it, only under the two conditions mentioned in the text, is exclusively the power of the Legislature. The Executive cannot so order under any circumstances, and the Legislature my only do so under very limited circumstances, which do not apply here.
At least, that's how I read it.
--Shannon
Article I, Section 9, Paragraph 2:
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.
So, habeas corpus is a privilege, not a right, and since its only mention is in Article I, the power to suspend it, only under the two conditions mentioned in the text, is exclusively the power of the Legislature. The Executive cannot so order under any circumstances, and the Legislature my only do so under very limited circumstances, which do not apply here.
At least, that's how I read it.
--Shannon