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 England
and the United States
Much more here: http://canadafreepress.com/index.php/article/59859
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