2 ms·
Pertinent summary of the constitutional basis for habeas corpus and its suspension,[1] and of the Habeas Corpus Suspension Act,[2] which may provide good backgr
by treetalker 1y ago
Pertinent summary of the constitutional basis for habeas corpus and its suspension,[1] and of the Habeas Corpus Suspension Act,[2] which may provide good background for the folks here:
[1]: https://constitution.congress.gov/browse/essay/artI-S9-C2-1/ALDE_00001087/ https://constitution.congress.gov/browse/essay/artI-S9-C2-1/...
[2]: https://en.wikipedia.org/wiki/Habeas_Corpus_Suspension_Act_%281863%29 https://en.wikipedia.org/wiki/Habeas_Corpus_Suspension_Act_%...
Habeas corpus is one of a class of legal vehicles known as extraordinary writs. Many of the ones that survive in American law (primarily in state courts — federal law has abolished writs like audita querela, coram nobis, coram vobis, etc.) tend to be appellate in nature, yet typically original actions in the appellate court. For example, writs of prohibition, mandamus, and certiorari are alive and well. Habeas and quo warranto (still common and used to challenge a governmental official's right to hold the office) are extraordinary writs and original actions, but usually initiated in the court of first instance (i.e., trial court).
The Annotated Constitution (see first link) is an excellent resource and worth bookmarking.