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To: jwalsh07
All that habeas corpus is about is ensuring that someone is detained or imprisoned in accordance with law and not by the arbitrary decision of some official who has a petty beef with someone.

History of Habeas Corpus - Responding to abusive detention of persons without legal authority, public pressure on the English Parliament caused them to adopt this act, which established a critical right that was later written into the Constitution for the United States.

Habeas Corpus Act1679

An act for the better securing the liberty of the subject, and for prevention of imprisonments beyond the seas.

WHEREAS great delays have been used by sheriffs, gaolers and other officers, to whose custody, any of the King's subjects have been committed for criminal or supposed criminal matters, in making returns of writs of habeas corpus to them directed, by standing out an alias and pluries habeas corpus, and sometimes more, and by other shifts to avoid their yielding obedience to such writs, contrary to their duty and the known laws of the land, whereby many of the King's subjects have been and hereafter may be long detained in prison, in such cases where by law they are bailable, to their great charges and vexation.

And in the federalist paper 84 Hamilton wrote:

the practice of arbitrary imprisonments, [has] been, in all ages, the favorite and most formidable instruments of tyranny. The observations of the judicious Blackstone, in reference to the latter, are well worthy of recital: "To bereave a man of life [says he] or by violence to confiscate his estate, without accusation or trial, would be so gross and notorious an act of despotism as must at once convey the alarm of tyranny throughout the whole nation; but confinement of the person, by secretly hurrying him to jail, where his sufferings are unknown or forgotten, is a less public, a less striking, and therefore a more dangerous engine of arbitrary government." And as a remedy for this fatal Evil he is everywhere peculiarly emphatical in his encomiums on the habeas corpus act, which in one place he calls "the BULWARK of the British Constitution." *

48 posted on 07/21/2004 7:24:07 PM PDT by AndyJackson
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To: AndyJackson
Did you find that alien enemy combatant held outside of US sovereignty granted a habeas petition yet Jackson?
49 posted on 07/21/2004 7:26:22 PM PDT by jwalsh07
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To: AndyJackson

How about the slander? Did you find the slander?


50 posted on 07/21/2004 7:26:52 PM PDT by jwalsh07
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To: AndyJackson

Find the threaad where you "shut me up"?


51 posted on 07/21/2004 7:27:20 PM PDT by jwalsh07
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To: AndyJackson

Figured out yet why the Constitution forbids the suspension of habeas except under unique conditions enumerated in the Constituion?


52 posted on 07/21/2004 7:29:33 PM PDT by jwalsh07
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