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.
Link has some discussion of previous court cases involving the second part of that clause: who can suspend it and for what reason.
I was reading the other day it is based off centuries old British law, originally created so a king couldn’t just stick you in the dungeon for no reason.
The problem now is we do have someone acting as king, and all the king’s men have spent the last 10 years calling these people outside “invaders” and with guys like Miller who exist purely to milk these legal vagaries, that language is most likely very intentional for that reason.
I looked it up again. It started a bit before the Magna Carta, the concepts were established a butt better in the Magna Carta, but the Writ of Habeas Corpus, is from an actual in 1679.
There’s a ton more in the main Habeas Corpus wiki entry, but I’m at my limit of reading legal stuff for the day!
Tldr, any time we’ve suspended it has not been a good time for anyone! 😒
Constitution.congress.gov
Link has some discussion of previous court cases involving the second part of that clause: who can suspend it and for what reason.
I was reading the other day it is based off centuries old British law, originally created so a king couldn’t just stick you in the dungeon for no reason.
The problem now is we do have someone acting as king, and all the king’s men have spent the last 10 years calling these people outside “invaders” and with guys like Miller who exist purely to milk these legal vagaries, that language is most likely very intentional for that reason.
I believe it is from the Magna Carta in England.
Thanks this is good info and depressing
I looked it up again. It started a bit before the Magna Carta, the concepts were established a butt better in the Magna Carta, but the Writ of Habeas Corpus, is from an actual in 1679.
There’s a ton more in the main Habeas Corpus wiki entry, but I’m at my limit of reading legal stuff for the day!
Tldr, any time we’ve suspended it has not been a good time for anyone! 😒
Wait until Trump looks for a Reichstag fire incident.