Chief Justice Marshall did believe that. And had the matter come before him I have no doubt that he would have voted that only Congress could suspend habeas corpus. Heck, if I was on the Supreme Court I would rule that only Congress can suspend habeas corpus. But I'm not on the court and the matter never came before the court while Justice Marshall was a member, and the Constitution is not clear on the matter since it does not say only Congress can suspend it or that it can be only suspended by an act of legislation. So the matter is still open.
But unilateral secession, on the other hand, was settled by the Supreme Court in 1869. They ruled is was illegal, and so it remains.
Walt
Using that standard, Chase's opinion on secession was obiter dicta. So the matter is still open.
But unilateral secession, on the other hand, was settled by the Supreme Court in 1869. They ruled is was illegal, and so it remains.
And the court has reversed itself, and been overturned by the people.
But I will digress, in order to refute the inane ruling. Chase wrote, 'The Constitution, in all its provisions, looks to an indestructible Union, composed of indestructible States.
Bravo Sierra. Article IV § 3 states in part, that the no state 'be formed by the Junction of two or more States, or parts of States.' Those states aren't indestructible. He made up the indestuctible Union part as well. The Articles of Confederation are not incorporated into the Constitution, the Constitution omits the 5 references to perpetuity that the AoC contained.