Habeas Corpus

Of all the civil liberties we enjoy today as a result of being citizens of the United States of America, the only one written into the original text of the Constitution was access to a Writ of Habeas Corpus at all times except during a rebellion or invasion. All other civil liberties are included in amendments to the Constitution, including most notably the Bill of Rights.

For those unfamiliar with these terms, habeas corpus means that a person cannot be held against their will without just cause. Accordingly, an individual being held against their will can ask the court for a writ of habeas corpus. The writ requires those holding the individual to answer why they are doing so. If there be no good or compelling reason, the court must set that individual free. Indeed, there is nothing in our social contract with one another more basic than freedom from illegal detention.

Considering the lack of a suitable rebellion of citizens against the government or the invasion of our shores by another sovereign nation, it would seem that Dubya — by his actions and those of certain individuals in his administration doing his bidding — must surely have missed class at Harvard University the day habeas corpus was discussed.