Author: Christopher Van Hassel

A writ of habeas corpus is a legal order that requires a person who is holding someone in custody to bring the detainee before a court to determine if their detention is lawful. It serves as a protection against unlawful imprisonment, allowing individuals to challenge their detention in court.

The origins of habeas corpus can be traced back to the Magna Carta in 1215, which established that no one should be imprisoned without lawful judgment. The writ has evolved over centuries, becoming a critical tool in both English and American law. It was codified in the Habeas Corpus Act of 1679, which aimed to limit the king’s power to detain individuals without just cause.

Habeas Corpus in the United States Constitution:

Article I  Legislative Branch

• Section 9 Powers Denied Congress
  • …
  • Clause 2 Habeas Corpus
  • 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.
    • ArtI.S9.C2.1  Suspension Clause and Writ of Habeas Corpus
  • Clause 3 Nullification
  • No Bill of Attainder or ex post facto Law shall be passed.
    • ArtI.S9.C3.1  Historical Background on Bills of Attainder
    • ArtI.S9.C3.2  Bills of Attainder Doctrine
    • ArtI.S9.C3.3 Ex Post Facto Laws
      • ArtI.S9.C3.3.1  Overview of Ex Post Facto Laws
      • ArtI.S9.C3.3.2  Historical Background on Ex Post Facto Laws
      • ArtI.S9.C3.3.3  Retroactivity of Ex Post Facto Laws
      • ArtI.S9.C3.3.4  Ex Post Facto Law Prohibition Limited to Penal Laws
      • ArtI.S9.C3.3.5  Increasing Punishment and Ex Post Facto Laws
      • ArtI.S9.C3.3.6  Imposing Criminal Liability and Ex Post Facto Laws
      • ArtI.S9.C3.3.7  Civil Commitment, Sex Offender Registration, and Ex Post Facto Laws
      • ArtI.S9.C3.3.8  Procedural Changes and Ex Post Facto Laws
      • ArtI.S9.C3.3.9  Employment Qualifications and Ex Post Facto Laws
      • ArtI.S9.C3.3.10  Retroactive Taxes and Ex Post Facto Laws
      • ArtI.S9.C3.3.11  Ex Post Facto Prohibition and Judicial Decisions
      • ArtI.S9.C3.3.12  Ex Post Facto Laws, Deportation, and Related Issues

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