UNCgolf
Well-Known Member
No - details matter...
habius corpus can be suspended under martial law but issues like bush and roosevelt were not exceeding the constitution as part of a national emergency- they were actually deemed constitutional actions at the time. They weren't exceptions. The formality of being at war and concepts of national security enabled the fed to do wide spread things in wwii with the support of the courts.
A "national emergency" is a codified thing in law now. It is not a doorway to putting the constitution on hold.
the recent scotus appointments on the other hand...,
*habeus corpus
He's right, though. All national emergencies are now pursuant to the National Emergencies Act of 1976, which lays out a specific set of powers granted to the President during the emergency. That law didn't exist during the Roosevelt or Truman administrations. It doesn't allow the President to do absolutely anything he wants.