But how far do the powers of the Executive reach in times of Emergency and war? It seems that in times of war, anything to stop the enemy will suffice. In the case of Ex Parte Merryman 17 F. Cass 144 (1861), the court deals with the problem of contesting the presidential power to suspend the writ of habeas corpus during a national emergency. A writ of habeas corpus is used to bring a party who has been criminally convicted in state court into federal court to determine the legality of the charges against that/those person(s). The president, under the constitution, cannot suspend the privilege of the writ of habeas corpus nor authorize a military officer to suspend it. Congress is the only power which can authorize the suspension. Justice Taney writes the opinion for the court.…show more content… “This article is devoted to the legislative department of the United States, and has not the slightest reference to the executive department. It begins by providing ‘that all legislative powers therein granted, shall be vested in a congress of the United States, which shall consist of a senate and House of Representatives.’ And after prescribing the manner in which these two branches of the legislative department shall be chosen, it proceeds to enumerate specifically the legislative powers which it thereby grants [and legislative powers which it expressly prohibits];2 and at the conclusion of this specification, a clause is inserted giving congress ‘the power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or officer thereof.” Ex parte Merryman, 17 F. Cas. 144, 148 (C.C.D.
