Habeas Corpus Essay

1566 Words7 Pages




FEBUARY 4, 2013

Habeas Corpus in its most familiar form has played an important role in “Anglo American history as a safe guard of individual liberty. It is defined as being a writ directed by a judge to some person who is detaining another, commanding him to bring the body of the person in his custody at a specified time and a specified place for a specified purpose. In contemporary practice, the writ is most commonly used to challenge the legality of criminal convictions and sentence, though it is also used to challenge the legality of custody in other settings, including immigration, mental health, and military contexts. The availability
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Only the federal government and not the state are limited by the clause. The issue has caused critical attention is the authority in which the clause places the power of determined weather the circumstances warranted suspension of the privilege of the writ. At the convention, the first proposal of the suspending authority expressing vested in the legislature the suspending power but the authority of this proposal did not retain this language when the matter was taken up the present language then being adopted. Nevertheless, congress power to suspend has assumed in early commentary and stated by the court. Commander-in-Chief clause, states that the President shall be commander in chief of the Army and Navy of the United States, and of the Militia of several states, when called into the actual service of the U.S. To what extent the President has the authority to use the military absent of congressional declaration of war have proven to be sources of conflict and debate throughout American history. Some may believe that the Commander in Chief clause confers expansive powers on the President, but others may argue that if even if that is the case, the constitution doesn’t define precisely the extent of the powers. To construe the clause narrowly, asserting that the Framers gave the President
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