“And is the fags whove made marriage a fedgov issue, not conservatives.”
Is Habeaus Corpus a state issue?
Is Habeaus Corpus a state issue?
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.Article I, Section IX of the U.S. Constitution
Habeas corpus, a fundamental tenet of English common law, does not appear anywhere in the Bill of Rights. Its importance was such that it was enshrined in the Constitution itself. And it is of such magnitude that all other rights, including those in the Bill of Rights, are dependent upon it. Without habeas corpus, the significance of all other rights crumbles.
The right of habeas corpus was important to the Framers of the Constitution because they knew from personal experience what it was like to be labeled enemy combatants, imprisoned indefinitely and not given the opportunity to appear before a neutral judge. Believing that such arbitrary imprisonment is in all ages, the favorite and most formidable instrument of tyranny, the Founders were all the more determined to protect Americans from such government abuses.
The History of Habeas Corpus
Translated as you should have the body, habeas corpus is a legal action, or writ, by which those imprisoned unlawfully can seek relief from their imprisonment. Derived from English common law, habeas corpus first appeared in the Magna Carta of 1215 and is the oldest human right in the history of English-speaking civilization. The doctrine of habeas corpus stems from the requirement that a government must either charge a person or let him go free.
While serving as President, Thomas Jefferson addressed the essential necessity of habeas corpus. In his first inaugural address on March 4, 1801, Jefferson said, I know, indeed, that some honest men fear that a republican government cannot be strong; that this government is not strong enough. But, said Jefferson, our nation was the worlds best hope and, because of our strong commitment to democracy, the strongest government on earth. Jefferson said that the sum of this basic belief was found in the freedom of person under the protection of the habeas corpus; and trial by juries impartially selected. These principles form the bright constellation which has gone before us, and guided our steps through an age of revolution and reformation.
In the two centuries since the Constitution was ratified, habeas corpus has only been suspended twice. It was first suspended on April 27, 1861, in Maryland and parts of midwestern states by President Abraham Lincoln in response to riots and local militia action, as well as the threat that Maryland would secede from the Union. The second suspension of habeas corpus occurred during Reconstruction, in the early 1870s, when President Ulysses S. Grant responded to civil rights violations by the Ku Klux Klan. It was then limited to nine counties in South Carolina.
Throughout the twentieth century, the importance of the right of habeas corpus has repeatedly been confirmed by the U.S. Supreme Court. And one federal appeals court observed that the Supreme Court has recognized the fact that [t]he writ of habeas corpus is the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action.