The Sacred Writ has been Removed from the Constitution
What is Habeas Corpus?
There is only one Right embodied in the Constitution; the remainder are found in the Bill of Rights. For the most part, the Constitution created a government and granted it only certain powers and authorities. So, what right is so significant as to be included within the Constitution, while the Bill of Rights was not adopted until 2 years later?
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, §9, cl. 2]
What? That says “Privilege”. Well, a “Privilege” is a right that can be suspended, under certain circumstances. Those circumstances are only in “Cases of Rebellion or Invasion”, and, being in Article I, of the Constitution, the authority to suspend that right lies only with the Congress.
If you were old enough, or fortunate enough, to have been taught about Habeas Corpus in your early schooling, you would know that it is the “sacred writ” and that it means, “produce the body”. Well, that doesn’t tell you a lot, though it does demonstrate that even in school, the assurance that you had a rudimentary understanding of what Habeas Corpus was a part of the educational process.
So, what is Habeas Corpus? We can look to Black’s Law Dictionary, 5th Edition, to find what a modern definition is:
habeas corpus ad subjiciendum. A writ directed to the person detaining another, and commanding them to produce the body of the prisoner, or person detained. This is the most common form of habeas corpus writ, the purpose of which is to test the legality of the detention or imprisonment; not whether he is guilty or innocent.
This is the well-known remedy in
for deliverance from illegal confinement, called by Sir William Blackstone the
most celebrated writ in the English law, and the great and efficacious writ, in
all manner of illegal confinement. The “great writ of liberty”, issuing
at common law out of the Courts of Chancery, King’s Bench, Common Pleas, and
Exchequer. United States
Much more here: http://canadafreepress.com/index.php/article/59859