Habeas corpus
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Habeas corpus constitutional
'You shall have the body.' A court order requiring the government to justify holding someone in custody — the classic check on unlawful detention.
Technical: The writ of habeas corpus (the 'Great Writ') by which a detainee tests the legality of confinement; the Suspension Clause (Art. I, §9, cl. 2) bars suspension except in cases of rebellion or invasion when public safety requires it.
Founding-era note: Inherited from English law (Habeas Corpus Act 1679); the Founders treated it as a bedrock liberty, protected in the original Constitution before the Bill of Rights.
Sources: Cornell LII — Habeas corpus
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