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Habeas corpus is the oldest and probably the greatest of all rights under English law, protecting against illegal imprisonment since about 1300.<ref>The Magna Carta in 1215 had a protection similar, but not identical, to habeas corpus: "No freeman shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers or by the law of the land."</ref>  The effect of this habeas corpus right is that government cannot imprison anyone without a valid reason.  Government must either present its charges for jailing someone, or set him free.  This right of habeas corpus prevents government from imprisoning someone without bringing charges against him.

Habeas corpus is the oldest and probably the greatest of all rights under English law, protecting against illegal imprisonment since about 1300.<ref>The Magna Carta in 1215 had a protection similar, but not identical, to habeas corpus: "No freeman shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers or by the law of the land."</ref>  The effect of this habeas corpus right is that government cannot imprison anyone without a valid reason.  Government must either present its charges for jailing someone, or set him free.  This right of habeas corpus prevents government from imprisoning someone without bringing charges against him.

Opponents of the Constitution were furious that the document gives Congress any power, even during foreign invasions, to suspend the habeas corpus right (or privilege).  Alexander Hamilton, a supporter of the Constitution, agreed that the writ of habeas corpus was essential to safeguard against "the favorite and most formidable instruments of tyranny" - imprisoning people without justification.<ref>''The Federalist No. 84'' (A. Hamilton).</ref> William Blackstone, the great English law scholar, described the writ of habeas corpus as "the glory of the English law." The exception provided by the Constitution for suspending the right of habeas corpus was supposed to be rarely used.

Opponents of the Constitution were furious that the document gives Congress even a limited power, such as during foreign invasions, to suspend the habeas corpus privilege.  Alexander Hamilton, a supporter of the Constitution, agreed that the writ of habeas corpus was essential to safeguard against "the favorite and most formidable instruments of tyranny" - imprisoning people without justification.<ref>''The Federalist No. 84'' (A. Hamilton).</ref> William Blackstone, the great English law scholar, described the writ of habeas corpus as "the glory of the English law." The exception provided by the Constitution for suspending the right of habeas corpus was supposed to be rarely used.

Thomas Jefferson, in his first inaugural address (March 4, 1801), said the United States was “the world’s best hope” partly because:

Thomas Jefferson, in his first inaugural address (March 4, 1801), said the United States was “the world’s best hope” partly because:

As the U.S. Supreme Court has emphasized, "The writ of habeas corpus is the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action.”

As the U.S. Supreme Court has emphasized, "The writ of habeas corpus is the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action.”

One of the first laws passed by Congress, the Judiciary Act of 1789, granted the power to federal courts to free prisoners from federal jails based on habeas corpus.  Later Congress extended federal court power to free state prisoners also.  But Congress reduced the rights of prisoners to habeas corpus in 1996, by passing the Antiterrorism and Effective Death Penalty Act (AEDPA) to limit applications by prisoners for habeas corpus relief to their first year of imprisonment following a final ruling against them in their criminal case. This law also required federal courts to defer more to state court decisions and decrease the number of times those decisions are overturned and a prisoner is released.

One of the first laws passed by Congress, the Judiciary Act of 1789, granted the power to federal courts to free prisoners from federal jails based on habeas corpus.  Later Congress extended federal court power to free state prisoners also.  But Congress reduced the rights of prisoners to habeas corpus in 1996, by passing the Antiterrorism and Effective Death Penalty Act (AEDPA) to limit applications by prisoners for habeas corpus relief to their first year of imprisonment following a final ruling against them in their criminal case. This law also required federal courts to defer more to state court decisions, thereby decreasing the number of times those decisions are overturned and a prisoner is released.

A decade later, Congress passed the Detainee Treatment Act of 2005 and the Military Commissions Act of 2006 to terminate any habeas corpus rights for enemy combatants who were being imprisoned, including those jailed at Guantanamo Bay, Cuba, due to the Iraq and Afghanistan Wars. But the U.S. Supreme Court partially overturned these laws by ruling that those enemy combatants held at Guantanamo Bay must have some habeas corpus rights by virtue of American sovereignty over the territory.

A decade later, Congress passed the Detainee Treatment Act of 2005 and the Military Commissions Act of 2006 to terminate any habeas corpus rights for enemy combatants who were being imprisoned, including those jailed at Guantanamo Bay, Cuba, due to the Iraq and Afghanistan Wars. But the U.S. Supreme Court partially overturned these laws by ruling that those enemy combatants held at Guantanamo Bay must have some habeas corpus rights by virtue of American sovereignty over the territory.