The privilege of the writ of habeas corpus is considered a bedrock of English law. It’s derived from the Magna Carta (1215), which said: “No free man shall be seized or imprisoned . . . nor will we proceed with force against him . . . except by the lawful judgement of his equals or by the law of the land.”[1] This principle was solidified into English law by Parliment with the Habeas Corpus Act of 1679. Habeas corpus has been around for 800 years, and when colonists came to America, they brought the privilege of the writ of habeas corpus with them.[2]

But what is the writ of habeas corpus? A writ of habeas corpus is issued on behalf of an imprisoned person to the party doing the imprisoning. It says to the jailer “show me this person and give me a good reason why you’ve imprisoned them, or why they should stand trial.” It’s a citizen’s fundamental protection against unlawful imprisonment.

This 800 year old fundamental law made its way into the U.S. Constitution. Article 1, section 9 says: “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.” To reiterate how fundamental this principle is, it should be noticed that the framers of the Constitution saw no need to define habeas corpus. Also, this section doesn’t actually give anybody habeas corpus. The people already have “the privilege of the writ,” the Constitution here only denies the government the power to suspend writ, except in special circumstances.

It’s a basic, fundamental protection for all people, from the government. That’s why it’s important.

[1] “Treasures in Full, Magna Carta: Translation,” British Library. Online. Accessed 1 July 2007. Available from here.
[2] “Habeas Corpus in the Colonies,” A. H. Carpenter. The American Historical Review, Vol. 8, No. 1. (Oct., 1902), pp 18-27.