Constitutional Confusion

The writ of habeas corpus is addressed in Article 1, Section 9, Clause 2 of the U.S. Constitution, also known as the Suspension Clause. This clause states 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".  Even I know this as it has been covered in the current affairs class on several occasions.

Kristi Noem, the homeland security secretary, bungled answers yesterday about habeas corpus, incorrectly asserting that the legal right of people to challenge their detention by the government was actually the president’s “constitutional right” to deport people.

At a Senate hearing, Senator Maggie Hassan, Democrat of New Hampshire, asked Ms. Noem about the issue. “Secretary Noem,” she asked, “what is habeas corpus?”

 

“Well,” Ms. Noem said, “habeas corpus is a constitutional right that the president has to be able to remove people from this country and suspend their right to—”     

 

“No,” Ms. Hassan interjected. “Let me stop you, ma’am. Excuse me, that’s incorrect.”