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| | == Habeas Corpus == | | == Habeas Corpus == |
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| − | Perhaps the most fundamental of all rights under English law, dating back to many hundreds of years prior to the U.S. Constitution, is the right to "a writ of habeas corpus." Known as the "Great Writ," the writ of habeas corpus is a court order requiring government to justify why it is imprisoning someone. A "writ" is an "order" by a court commanding someone, particularly a government official, to do something. The writ of habeas corpus commands a government official to bring the imprisoned person into court and explain why the person is being imprisoned. | + | Perhaps the most fundamental of all rights under English law, dating back many hundreds of years prior to the U.S. Constitution, is the right to "a writ of habeas corpus." Known as the "Great Writ," the writ of habeas corpus is a court order requiring government to justify why it is imprisoning someone. A "writ" is an "order" by a court commanding someone, particularly a government official, to do something. The writ of habeas corpus commands a government official to bring the imprisoned person into court and explain why the person is being imprisoned. |
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| | The Framers were so protective of the Great Writ that they put in the Constitution itself, as Article I, Section 9, clause 2: | | The Framers were so protective of the Great Writ that they put in the Constitution itself, as Article I, Section 9, clause 2: |
| | {{cquote|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.}} | | {{cquote|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.}} |
| − | Notice that this is protected in the Constitution itself, prior to the addition of the Bill of Rights (the first ten Amendments). It is thus a more basic right than freedom of speech or the press, because the right of habeas corpus is in the original Constitution. | + | Notice that this right is in the original Constitution prior to the addition of the Bill of Rights (the first ten Amendments). This was considered by the Framers to be a more basic right than freedom of speech or the press. |
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| | "Habeas corpus" is Latin for “you should have the body,” and it refers to the right of a prisoner, or someone acting on his behalf, to seek an order by a court to bring the person (the "body") from jail to the court in order to determine if he is being imprisoned properly. In other words, this right protects against unjustified imprisonment. This right enables prisoners to demand to be brought before a judge, in order for the judge to order their release from jail. It is this right that allows a prisoner to argue before an impartial tribunal for his release from jail. Without this right, government could imprison anyone they want, at any time. | | "Habeas corpus" is Latin for “you should have the body,” and it refers to the right of a prisoner, or someone acting on his behalf, to seek an order by a court to bring the person (the "body") from jail to the court in order to determine if he is being imprisoned properly. In other words, this right protects against unjustified imprisonment. This right enables prisoners to demand to be brought before a judge, in order for the judge to order their release from jail. It is this right that allows a prisoner to argue before an impartial tribunal for his release from jail. Without this right, government could imprison anyone they want, at any time. |