Malcolm Rivera
The principle of habeas corpus is a centuries-old legal procedure that protects against unlawful and indefinite imprisonment. It is a right that is even older than the United States, and is explicitly recognised in the Constitution. The writ of habeas corpus came to the United States by way of English common law, and was reaffirmed in the Habeas Corpus Acts of 1640 and 1679. It is considered essential to guaranteeing our basic rights.
| Characteristics | Values |
|---|---|
| Name | Habeas Corpus |
| Description | A fundamental right in the Constitution that protects against unlawful and indefinite imprisonment |
| Translation | "Show me the body" |
| Purpose | To safeguard individual freedom against arbitrary executive power |
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What You'll Learn
The writ of habeas corpus
In another case, the writ of habeas corpus was used in the Dred Scott case. However, the outcome was different. The U.S. Supreme Court decided that Scott was not a person under the meaning of the Constitution and therefore had no rights. This case highlights the importance of the writ of habeas corpus in challenging unlawful imprisonment and ensuring that individuals' rights are respected.
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The government's power to suspend habeas corpus during conflicts
The "Great Writ" of habeas corpus is a fundamental right in the Constitution that protects against unlawful and indefinite imprisonment. It is a Latin term that translates to "show me the body". Habeas corpus has historically been an important instrument to safeguard individual freedom against arbitrary executive power.
The government has the power to suspend habeas corpus during conflicts. This was seen in 2006 when the Supreme Court found in *Hamdan v. Rumsfeld* that military commissions at Guantanamo created by President Bush were invalid. The court said that the rules violated Common Article 3 of the Geneva Conventions regarding the treatment of detainees being held indefinitely. After the decision, President Bush asked Congress to pass legislation that would make the military commission trials legal and strip detainees of their due process habeas rights. This was achieved by passing the Military Commissions Act right before the November 2006 elections.
The right to habeas corpus is not absolute and can be suspended in certain circumstances, such as during times of war or national emergency. However, the suspension of habeas corpus is a serious matter and must be authorised by an act of Congress. The Supreme Court has ruled that even during times of war, the suspension of habeas corpus must be limited and cannot be used to indefinitely detain individuals without charge or trial.
The use of habeas corpus to challenge unlawful imprisonment has a long history in the United States. One notable example is the case of Med Maria, a six-year-old slave girl travelling with her mother in Massachusetts in 1836. Abolitionists used a writ of habeas corpus to gain a court ruling that she was being detained illegally by her master because Massachusetts had no law allowing slavery to exist. Another famous use of the writ, with a different outcome, was in the Dred Scott case. The U.S. Supreme Court ultimately decided that Scott was not a person under the meaning of the Constitution and therefore had no rights.
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The Suspension Clause
Habeas corpus is a critical tool in the fight against unlawful imprisonment, as it allows individuals to challenge the legality of their detention. This right is enshrined in the Constitution and serves as a safeguard against arbitrary or illegal imprisonment. By invoking habeas corpus, individuals can demand that the government produce the physical body of the detained person and provide justification for their imprisonment.
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The Military Commissions Act (MCA)
The constitutional protection against unlawful imprisonment is called habeas corpus. This means 'show me the body' in Latin and is a fundamental right in the Constitution. It has historically been an important instrument to safeguard individual freedom against arbitrary executive power.
The MCA makes any commissioned officer of the Armed Forces on active duty eligible to serve on a commission. It requires that each commission include a military judge, trial and military defence counsel, and reporters and interpreters. Commissions must have at least five members. The MCA outlines pre-trial procedures, including charges and specifications, and prohibits compulsory self-incrimination and the use of statements obtained by torture against the accused. It also prescribes trial procedures, including rules of evidence, duties of counsel, pleas of the accused, and the opportunity to obtain witnesses and other evidence.
The MCA has been criticised as a "stinging rebuke" of the Supreme Court's Hamdan v. Rumsfeld ruling and an attempt to rewrite the law of war. However, supporters argue that it reflects a necessary Congressional commitment to the war on terror.
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The interplay of habeas corpus and the Suspension Clause
The Suspension Clause of the United States Constitution specifically included the English common law procedure in Article One, Section 9, clause 2, which demands that "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it." The Suspension Clause protects liberty by protecting the privilege of the writ of habeas corpus. It provides that the federal government may not suspend this privilege except in extraordinary circumstances: when a rebellion or invasion occurs and the public safety requires it.
The Habeas Corpus Suspension Clause of Article I, Section 9, is primarily a limit on Congress's authority to authorize detention by the executive. It is not mainly concerned with the remedial writ of habeas corpus, but rather with the primary right of natural liberty. Suspensions of the privilege of the writ of habeas corpus are statutes that vest very broad discretion in the executive to decide which individuals to hold in custody. The Suspension Clause does not affirmatively require that the federal courts have any jurisdiction to issue the writ of habeas corpus, and so does not interfere with Congress's general control over the jurisdiction of the federal courts.
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Frequently asked questions
The constitutional protection against unlawful imprisonment is known as habeas corpus.
It translates to 'the Great Writ of Liberty'.
It is a centuries-old legal procedure that is even older than the United States. It was reaffirmed in the Habeas Corpus Acts of 1640 and 1679.
Article I, Section 9 of the Constitution states, “The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”
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