The Death of Habeas Corpus Ended With Bush.

Some believe that the death of Habeas Corpus began with the actions taken by Abraham Lincoln during the Civil War.

The death of the writ of Habeas Corpus may have very well occurred under the eyes of President Bush, or possibly because of President Bush.

When discussing the death or life of Habeas Corpus it is necessary to really understand what it is and the power it entails.

Habeas Corpus is Latin for ‘you should have the body.’

In legal terminology, it is the right of the people to challenge what they see as unlawful and illegal imprisonment.

Something worth noting when discussing Habeas Corpus is that it is not the right to resist arrest, but the right to question the legality of that arrest and be released from imprisonment after the arrest has occurred.

Some think that if they are getting arrested illegally or unjustly then they can resist; this is still resisting arrest, which would still be a violation of the law regardless of whether the initial arrest is upheld when and if it is challenged.

The English were the first to really use the notion of Habeas Corpus, having done so as early as 1305 during the reign of King Edward the First.

For some time, the command of the King was considered a sufficient argument to a Habeas Corpus challenge, but a 1640 law made that an insufficient reason.

Habeas corpus eventually showed up under official records as English law in the Habeas Corpus Act of 1679.

It is this 1679 law that is still used today to help understand the intent of Habeas Corpus under the Constitution of the United States.

Abuse of the suspension clause (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) is where the death of Habeas Corpus originated.

Death of Habeas Corpus

President Bush nearly caused the death of the writ of Habeas Corpus.

His military order that classified all terrorism suspects as enemy combatants was the first blow.

This took the right away from U.S. citizens that were suspected of collaborating with terrorists.

The Military Commission Act of 2006 ensured that all foreign persons would also not be allowed to file a writ. Let the coma begin.

Saving Grace

In this case the checks and balances system paid off. A 2004 Supreme Court decision gave the right to U.S. citizens that were suspected of possible terrorist activity.

Two years later, the Supreme Court ruled that even foreign nationals were allowed to file writs of Habeas Corpus.

As the Supreme Court shocks the patient back to life; the death of the writ of Habeas Corpus is averted.