Where does it say that Congress can? The answer is nowhere. The Constitution says that the writ can be suspended under certain circumstances. It is silent on whether Congress is the only ones who can do it.
Article I, Section 9, which falls under the rule of Article I, Section 1 placing it within the authority of Congress.
The Constitution says that the writ can be suspended under certain circumstances. It is silent on whether Congress is the only ones who can do it.
Wrong. Article I, Section 1 states "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." Article I, Section 9's habeas corpus clause is "herein granted" under Article I. Thus it is "vested in a Congress of the United States." Not a single founding father thought anything different when they drafted that clause. Once again if you deny this, quote one for me and prove that I'm wrong.