Listening to America #1675 What Is Habeas Corpus and Why Does It Matter?
Clay and historian Beau Breslin discuss the doctrine of habeas corpus and its role in the current debate about how to handle undocumented immigrants in the United States. In a nutshell, habeas corpus means "hey, produce the body." You cannot just arbitrarily snatch someone off the street and make them disappear. Habeas corpus was so important to the Founding Fathers that they embedded it in the first Article of the Constitution, right off the top, and did not postpone it to the Bill of Rights. The United States has a mixed history of its adherence to the doctrine of habeas corpus, which Beau Breslin believes is THE fundamental right in America and all over the world. And yet, Professor Breslin, who teaches at an elite college in New York state, admitted that the majority of his students, even in a class on constitutional theory, would probably be unable to define just what habeas corpus means, where it came from, and why it is critically important to a free and enlightened society. This episode was recorded on September 12, 2025.