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Liberty > Law > Writ of Habeas Corpus

A written order issued to ascertain if someone is imprisoned lawfaully
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Reference
Constitution of the United 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."
Habeas corpus - Wikipedia, the free encyclopedia
"In English common law habeas corpus is the name of several writs which may be issued by a judge ordering a prisoner to be brought before the court. More commonly, the name refers to a specific writ known in full as habeas corpus ad subjiciendum, a prerogative writ ordering that a prisoner be brought to the court so it can be determined whether or not he is being imprisoned lawfully. ..."
Articles
Beginning of the end of America: Olbermann addresses the Military Commissions Act in a special comment, by Keith Olbermann, 18 Oct 2006
Related Topic: George W. Bush
Transcript and video of the show segment
"And if you somehow think habeas corpus has not been suspended for American citizens but only for everybody else, ask yourself this: If you are pulled off the street tomorrow, and they call you an alien or an undocumented immigrant or an 'unlawful enemy combatant'—exactly how are you going to convince them to give you a court hearing to prove you are not?"
Civil Liberty and the State: The Writ of Habeas Corpus, by Richard M. Ebeling, Freedom Daily, Apr 2002
Related Topic: Sir Edward Coke
"Seized by the police power of the government, or thrown into the limiting confines of prison or jail, or denied legal recourse or appeal ... the isolated and powerless individual ... is no longer a free man, a citizen with political rights and civil liberties. He is a detained and incarcerated political subject ..."
Habeas Corpus: The Lynchpin of Freedom, by Jacob G. Hornberger, 11 Oct 2006
"The writ of habeas corpus is actually the lynchpin of a free society. Take away this great writ and all other rights — such as freedom of speech, freedom of religion, freedom of the press, gun ownership, due process, trial by jury, and protection from unreasonable searches and seizures and cruel and unusual punishments — become meaningless."
Stop Them!, by Sheldon Richman
Related Topic: Constitution of the United States
"... the Democrats who now control Congress ... could start by passing a bill introduced by Senators Patrick Leahy and Arlen Specter to repeal the habeas-corpus section of the Military Commissions Act, the infamous law that lets the president seize noncitizens anywhere in the world, proclaim them suspected terrorists, hold them indefinitely without access to the courts, and even send them off to foreign torture chambers."
The "Stable Bulwark of Our Liberties", by Sheldon Richman, 13 Jun 2008
Reviews the Supreme Court majority opinion in the decision of the Boumediene v. Bush case
"What is heartening about the decision is the majority's emphasis on how important habeas corpus is to the never-ending effort to keep government on a short leash. Key to that, it said, is the separation of powers. Without habeas corpus, the executive branch acquires the powers of the judiciary in conflict with the intent of the framers."
The Pentagon's Power to Arrest, Torture, and Execute Americans, by Jacob G. Hornberger, 28 Feb 2007
Related Topics: Militarism, Protection Against Cruel and Unusual Punishments
"Habeas corpus is a legal remedy that stretches back centuries into American and English jurisprudence. Its purpose is to negate the power of government officials to arbitrarily incarcerate and punish people without just cause. Placing ultimate power in the hands of an independent judge, the writ commands the custodian to produce the prisoner and show cause for holding him."
Cartoons
I _Told_ You I Was the Decider, by Stuart Carlson, Milwaukee Sentinel, 24 Oct 2006
OK, Here's Our Next Move ..., by Pat Oliphant, 30 Oct 2006
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