The Legacy and Controversies of Habeas Corpus

This chapter explores the historical origins and significance of habeas corpus, including its roots in the Magna Carta and development within English and American law. It discusses the complexities of the writ, particularly regarding who has the authority to suspend it and the implications of such actions in contexts like national security and immigration. Additionally, the chapter examines key Supreme Court cases and constitutional interpretations that underscore the ongoing relevance of due process and habeas corpus in safeguarding individual rights.