Is there any circumstances in which the U.S. constitution may be suspended (e.g. war, civil unrest, emergency)

Answer 1

Parts of it can and have been suspended before (such as habeas corpus during the Civil War). However, the circumstances would play a large role, as would the Supreme Court and federal courts.

Answer 2

There is no provision in the constitution to suspend the constitution. It would make no sense to include such a provision in any constitution. Article I, section 9 does provide for the suspension of a 'Writ of Habeas Corpus in Cases of Rebellion of Invasion for the public Safety. If any government decided to suspend any laws, the only practical recourse available to the citizens would be and armed revolt. This is actually the right protected by the 2nd amendment. When our founding fathers said "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.", they meant free form oppressive government.

Answer 3

There is a prime directive known as "COG", "continuity of government" that reigns supreme, depending on the circumstance, such as war, terrorism or natural disaster, where for expediency and logistical reasons martial law is declared. This "COG" is supposed to still be in effect overall. Fortunatly we've never had to test it, with one exception, the Civil War when Lincoln did suspend parts of the Constitution, there were callls of "treason" and he generally was greatly despised in his lifetime and would have been impeached and maybe even imprisoned after the war, the Supreme Court ruled against him, and he considered having the justices arrested, but reflecting on history of all known democracies and the future of the country, decided not to. The problem is he was dealing with a situation the constitution had never addressed how to deal with, in fact it was more in favor of states being able to secede should they cease to desire remaining in the union, and Lincoln was forcing a "federalism" upon them their states had never ratified. So even if "suspended" any greivance would eventually have to be addressed, but teh US Supreme Court has more often in recent years "legislated from the bench" as when they recently decreed it was alright to take private property from one owner and hand it to another person who proves they can do better things with it, this is a direct contrast to the Founder's intent and is a power to be found nowhere in the Constitution these judges supposedly took an oath to uphold and protect. So if there is a suspension of the Constitution, it will come piecemeal from the Supreme Court if anywheres in Washington.

Answer 4

Yes. Pres Abraham Lincoln did suspend some of the Constitution during the Civil War, i.e. Habeus Corpus & some freedoms of the press & even had some members of the press jailed.

Answer 5

Yes there is The Federal Emergency Powers Act signed into law by president Reagan give the government the right to suspend the constitution in certain cases.

Answer 6

maybe; but it really depends on the situation

Answer 7

no