“ In this manner, by both its plain text and inclusion in section 9, the Suspension Clause differs from the Fourth Amendment, which establishes a “right of the people,” the Fifth Amendment, which limits how a “person shall be held,” and the Sixth Amendment, which provides rights to “the accused.” ”

“ The court appears to believe that the Suspension Clause is just like the constitutional amendments that form the Bill of Rights. [4] It is a truism, of course, that individual rights like those found in the first ten amendments work to limit Congress. However, individual rights are merely a subset of those matters that constrain the legislature. These two sets cannot be understood as coextensive unless the court is prepared to recognize such awkward individual rights as Commerce Clause rights, see U.S. Const. art. ”

“ Limitations of this kind can be preserved in practice no other way than through the medium of the courts of justice; whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. ”