“Writ of habeas corpus” is a court order to a government law enforcement organization to bring the (hopefully still alive) body of a prisoner into the court room, so the court can determine whether the prisoner is rightfully detained. It is one mechanism that prevents the United States from holding political prisoners with no charges or hearings.
Corpus delicti is the murder thing.
The right of habeas corpus refers generally to the right of the law courts to supervise the detention of prisoners. And by extension to right of citizens to petition the courts to release an improperly detained prisoner.
Habeas corpus is explicitly written into the Constitution, so you can’t just repeal it by legislation like how this knucklehead is suggesting. You can suspend habeas corpus during war; that’s a specific exception in the Constitution that’s actually happened at various times in various wars.
The real question is if the Republicans get into power can they find some way to say we’re at war (they keep saying the southern border is being invaded by immigrants) and then use that to suspend it. Then if it gets challenged the conservative supreme court can just uphold it as constitutional.
“Writ of habeas corpus” is a court order to a government law enforcement organization to bring the (hopefully still alive) body of a prisoner into the court room, so the court can determine whether the prisoner is rightfully detained. It is one mechanism that prevents the United States from holding political prisoners with no charges or hearings.
Corpus delicti is the murder thing.
The right of habeas corpus refers generally to the right of the law courts to supervise the detention of prisoners. And by extension to right of citizens to petition the courts to release an improperly detained prisoner.
Habeas corpus is explicitly written into the Constitution, so you can’t just repeal it by legislation like how this knucklehead is suggesting. You can suspend habeas corpus during war; that’s a specific exception in the Constitution that’s actually happened at various times in various wars.
The real question is if the Republicans get into power can they find some way to say we’re at war (they keep saying the southern border is being invaded by immigrants) and then use that to suspend it. Then if it gets challenged the conservative supreme court can just uphold it as constitutional.
The 2001 Authorization for Use of Military Force is still active, so in one sense, we’ve been in a forever war for the last 23 years.
And even before that we are in the war on drugs, although to be fair in the war on drugs, drugs are winning and it’s by a lot.
That is why they call it “an invasion”
Thanks, this explainer explains a lot.
Latin being Latin I guess.