Political Awareness

The Evolution Habeas corpus

Habeas corpus is one of the most fundamental rights in the U.S. Constitution. Latin for “you shall have the body”. It refers to a legal process that protects people from being detained without cause. If someone who is imprisoned believes that there is no legal reason for their imprisonment. Habeas Corpus gives them a chance to challenge it. It ensures that the government can’t hold people indefinitely without proving their imprisonment is lawful.

Habeas Corpus in the U.S. Constitution

The right is so important to a free society that it was one of the few included in the original constitution, before the bill of rights. Article I, Section 9 of the Constitution reads:

“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.”

This clause affirms the right and set a very high bar for when it can be suspended: Only during rebellion or invasion, and when public safety demands it. It is important to note that the power to suspend habeas corpus belongs to Congress, not the President. While past presidents have attempted to act alone, courts have reaffirmed that only Congress can authorize a suspension.

Historical Suspensions of Habeas Corpus

Habeas Corpus has only been suspended three times in American history. The first was during the Civil War where President Lincoln unilaterally suspended it in parts of the country to protect against Confederate sympathisers, which was later deemed unconstitutional. In 1871, Congress and President Grant suspended Habeas Corpus to fight the Ku Klux Klan in South Carolina. The last time habeas corpus was suspended was during World War II, when President Roosevelt approved martial law in Hawaii from 1941 to 1944 following the attack on Pearl Harbor. Civilian courts were shut down and military courts handled civilian cases–this was later ruled unconstitutional.

Recent Discussions and Potential Suspension

Recently, there has been much speculation about Habeas Corpus being suspended by President Trump. This mostly comes from Senior Advisor Stephen Miller’s statement that, “the privilege of the writ of habeas corpus can be suspended in a time of invasion… and that’s an action we’re actively looking at.” Many have found issue with Miller referring to Habeas Corpus as a privilege and the possibility of the current levels of illegal immigration being legally classified as an invasion. Though President Trump has not indicated that he would suspend Habeas Corpus nor has any order or legislation been issued to do so.

President Trump has taken other steps to fight illegal immigration, such as restricting the asylum system through executive order. Which led to the deportation of some asylum seekers without standard legal processes. The administration also invoked the 1798 Alien Enemies Act to deport individuals. Particularly Venezuelan migrants accused of gang affiliations without regular court proceedings. Most courts have since blocked these actions as unconstitutional.

Legal Limitations and Future Prospects

Still, Congress has not voted to allow for suspension. President Trump has not expressed that he would even if congress decided it was warranted, which remains unlikely. Congressional approval is the only way Habeas Corpus will be suspended. It cannot be done by President Trump nor Stephen Miller. With that being said, we believe there is no sign of the suspension of Habeas Corpus in the near future.

Note: Political Awareness never authorizes its published communication on behalf of any candidate or their committees.