Suspension Of The Constitution Essay

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A 1987 Hearst Corporation survey revealed that 49 percent of respondents believed that the President can "suspend the Constitution in time of war or national emergency." Yet the Constitution may be suspended only by amendment as prescribed in Article V. Any other manner of suspension is void. Supposedly the "emergency powers" doctrine allows the President to suspend the Constitution and form a "constitutional dictatorship" in case of rebellion, invasion or declared emergency. Contemporary historians and constitutional expositors express confidence that this issue is long settled at Constitutional law. Nevertheless, this doctrine dates only from The War for Southern Independence. In 1899 Godkin of the "Nation" wrote of Lincoln's "invention"…show more content…
During the 132 years since the War, the Republic has continued to function under the Constitution. One positive affirmation of this is the continuance of Constitutional functions such as elections, and the functioning of Congress and the Supreme court. Were Lincoln's actions normative? No, the Constitution is the only valid norm. Any legislative or Presidential act repugnant to it is void. The tenth amendment and Federalist Papers 45, 14, 27, 39, 73 and 83 verify that the Constitutional powers granted were "few", "defined" and "enumerated." The suspension of the Constitution, the written will of the governed, is a desperate measure. It is peculiar that this power is not clearly defined and enumerated in the text of the Constitution. Examination of previous national emergencies provides evidence of what prior governments viewed as normative. Dictatorships were not established during the extreme emergencies of the Revolution and the War of 1812 . If "emergency powers" are Constitutional and a "longstanding feature of American law", it is altogether unusual that Washington and Madison did not insist that Congress implement
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