Habeas Corpus History

In this paper we will dare to discuss the historical evolution of habeas corpus and its American and English traditions. Also allow me to provide examples in history where the privilege of habeas corpus has been suspended, due to national threats. We will analyze the relevance of habeas corpus to the contemporary U.S. situation during the war on terror, while explaining the U.S. Supreme Court 's interpretation of the right of habeas corpus with respect to enemy combatants or illegal combatants.
The Habeas Corpus’ history is ancient. Predominately of Anglo-Saxon common law origin, it precedes the Magna Carta of 1215. The practice surrounding the writ has evolved, Habeas Corpus from its earliest forms have been compelled to grant an appearance
The first being on April 27, 1861, in Maryland and parts of the Midwestern states. It was suspended in response to riots and local militia action, along with the threat that Maryland would secede from the Union. The second occurrence of suspension happened during Reconstruction, in the early 1870’s when President Ulysses Grant responded to civil rights violations made by the Ku Klux Klan, being limited to nine counties in South Carolina. “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, Section IX of the U.S. Constitution) There have been instances in this day and age where the safety of the public has been compromised. For example, following the Oklahoma City bombing, Congress passed the Antiterrorism and Effective Death Penalty Act, it limited the federal writ of habeas corpus in two ways. First off it imposed a one year statute of limitations on bringing the writ, meaning those jailed were unable to apply for release after being jailed for over a year. Secondly, the federal judiciary’s deference to decisions increased dramatically when previously they were made in state court proceedings either on appeal or in a state court habeas corpus action. Meaning federal judges were forbidden from examining a case based purely on its merits instead forced to follow
These illegal combatants could be held without charge indefinitely without a court hearing and without access to a lawyer. It is important to remember it is the duty of the president to ensure the safety of the people. However, it is also the foundation of the United States that every man be given fair share to be brought to justice. It is understandable why the president would want to detain these enemy combatants but to do so is seen as contradictory to the U.S. Constitution. It is not only non-citizens who are jailed in such a way, Americans too have been captured and detained on American soil. “Many legal and constitutional scholars have contended that these provisions are in direct opposition to the Constitution and the Bill of Rights, particularly with regard to American citizens”. (Source) The U.S Supreme Court declared that American citizens have the right to habeas corpus even when declared to be enemy combatants. Citizens are afforded the right to habeas corpus and that right cannot be revoked. Rasul v. Bush affirmed that preventing the detainees’ access to the protections of habeas corpus was deemed