the privilege may not be suspended save during times of rebellion or invasion, but it does not specify who may suspend the privilege. The Supreme Court ruled that Congress may suspend the privilege if it deems it necessary. During the American Civil War, President Abraham Lincoln suspended the privilege, but, owing to the vehement opposition he faced, obtained congressional authorization for the same. Since then, the privilege of the writ has only been suspended upon the express authorization of Congress, except in the case of Mary Surratt, whose writ was suspended by President Andrew Johnson regarding her alleged involvement in the assassination of President Lincoln. In Mississippi v. Johnson, , the Supreme Court ruled that the judiciary may not restrain the president in the execution of the laws. In that case the Supreme Court refused to entertain a request for an injunction preventing President Andrew Johnson from executing the Reconstruction Acts, which were claimed to be unconstitutional. The Court found that "[t]he Congress is the legislative department of the government; the president is the executive department. Neither can be restrained in its action by the judicial department; though the acts of both, when performed, are, in proper cases, subject to its cognizance." Thus, the courts cannot bar the passage of a law by Congress, though it may later strike down such a law as unconstitutional. A similar construction applies to the executive branch. Clause 6: Officers' commissions The president commissions "all the Officers of the United States". These include officers in both military and foreign service. (Under Article I, Section 8, the States have authority for "the Appointment of the Officers ... of the [State] Militia ...") The presidential authority to commission officers had a large impact on the 1803 case Marbury v. Madison, where outgoing Federalist President John Adams feverishly signed many commissions to the judiciary on his final day in office, hoping to, as incoming Democratic-Republican President Thomas Jefferson put it, "[retire] into the judiciary as a stronghold". However, in his haste, Adams' secretary of State neglected to have all the commissions delivered. Incoming President Jefferson was enraged with Adams, and ordered his secretary of State, James Madison, to refrain from delivering the remaining commissions. William Marbury took the matter to the Supreme Court, where it held that the commissions were valid, and the courts generally had the power to order them delivered and should have done so