Can the bill of rights be suspended in an emergency or by Presidential order ?

we all forget that congress and the president legislate over Federal zones like D.C....are you a citizen of D.C?

if you claim to be a "citizen of the U.S." or a "resident of the U.S." you are...

see USC Title 26 7701(39)
http://www.law.cornell.edu/uscode/26/usc_sec_26_00007701----...
(39) Persons residing outside United States
If any citizen or resident of the United States does not reside in (and is not found in) any United States judicial district, such citizen or resident shall be treated as residing in the District of Columbia for purposes of any provision of this title relating to—
(A) jurisdiction of courts, or
(B) enforcement of summons.

United States is the District of Columbia!! this is why your WHOLE life you have heard" ignorance of the law is no excuse" so that you cant claim to be ignorant of these thousands of pages of law.

a few examples:
http://codes.ohio.gov/orc/1309.307
"(H) The United States is located in the District of Columbia."

http://nebraskalegislature.gov/laws/ucc.php?code=9-307
(h) The United States is located in the District of Columbia.

http://law.onecle.com/new-york/uniform-commercial-code/UCC09...
(h) Location of United States. The United States is located in the
District of Columbia.

http://www.gencourt.state.nh.us/rsa/html/XXXIV-A/382-A/382-A...
(h) Location of United States. The United States is located in the District of Columbia.

hundreds more....

IMPORTANT:
see:
http://famguardian.org/Subjects/LawAndGovt/Citizenship/WhyAN...

You might find this interesting, in light of what is being asked about in this thread. If you haven't already read it, this is a link to Republicae's post, "Lincoln: A HIstory of Falsehoods and a Legacy of Destruction":

http://www.dailypaul.com/node/83686

I wish I were more knowledgeable about the Civil War and the Lincoln presidency. I learned a good deal from Republicae's post...

Experience hath shewn, that even under the best forms of government those entrusted with power have, in time, and by slow operations, perverted it into tyranny.
Thomas Jefferson

the suspension of habeas corpus. Article 1, section 9 of the Constitution, restricting powers of Congress, forbids the suspension of habeas corpus except, "when in Cases of Rebellion or Invasion the public safety may require it." Keep in mind however that this phrase is directed toward the legislative branch [Congress] in that they are Constitutionally prevented from the making of a law that suspends habeas corpus, except in accordance with the provisio listed.

Your question embraces whether or not this can be done on presidential order. If one returns in time to the Civil War, there is the matter of Ex parte Merryman. Lincoln ordered Merryman arrested and held. Chief Justice Taney issued a habeas corpus order demanding that Merryman be brought before him. The military refused and continued to refuse. Taney eventually realized that Lincoln had the guns on his side and Taney could do nothing to enforce his order. It wasn't until after the war, in 1865, that the Court was able (via Ex parte Milligan) to actually bring habeas corpus back. I begin with the habeas corpus issue because, unless an individual can invoke due process via the courts, the attempted assertion of any so-called Constitutional "rights" is little more than academic.

Therefore, in terms of a practical answer to your question, I have to acknowledge that the President, who commands the military forces of the U.S., has access to sufficient fire-power to enforce such an order, if he determines that he wants to do it and there are no other intervening forces available to stop it. At the time of Merryman, even Justice Taney suggested calling up a posse comitatus (by a U.S. Marshall who was not allowed entry into a military fort to enforce an order of the court) in order to gather enough physical force to overcome recalcitrant military authorities who refused to allow delivery of a court order. This was not done. One can declare that such a thing cannot be done and that the Constitution cannot allow the doing of such a thing. However, such things have been done. Declaring that they cannot be done, while I'm sure based in sound theory, would probably be of little comfort to someone like Merryman who, no doubt, would tell you that it *was* done.

For a similar example, addressing your question regarding the suspension of certain rights via presidential order, read the case of: Korematsu v. United States, 323 U.S. 214 (1944) and Executive Order: 9066. Also, it may or may not come as something of a surprise to learn that the legal principle articulated in the Korematsu decision has not been explicitly overturned. They can't do it? Tell that to Korematsu. They did it. Korematsu's conviction was eventually reversed...in 1984, but the grounds for the reversal were based upon the government having supplied false information to the court in Korematsu's original conviction. The actual legal principle, for the original exclusion order, remains in place.

If you have enough fire-power at your disposal and the obedience of people who will execute your orders, without sufficient intervening power, then a President could suspend such rights. It's a matter of who has the most power at their disposal.

'Here I stand with my bayonets, there you stand with your law! We'll see which counts for more!' (Adolf Hitler) Tell me how this differs, in any substantial way, with Lincoln's attitude during the Civil War, regarding this particular issue.
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"An economy built on fiat money is a society on its way to ashes."

Whether or not it's legal, or Constitutional, it's already been done. Adams abridged the First Amendment with the Alien and Sedition Act. Lincoln suspended habeas corpus and First Amendment rights during the Civil War. Republicae once posted a wonderful article about Lincoln that really opened my eyes in my early days here on DP...unfortunately, it's late, and I don't have time to look for it (maybe in the morning...I think I have it bookmarked on my iPhone). In the meantime, take a look at this article on Lincoln from the First Amendment Center:

http://www.firstamendmentcenter.org/analysis.aspx?id=21225

Experience hath shewn, that even under the best forms of government those entrusted with power have, in time, and by slow operations, perverted it into tyranny.
Thomas Jefferson

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