Having a Body in the USA

To be examined, that is.

In English Common Law habeas corpus is the name of several writs which may be issued by a judge ordering a prisoner to be brought before the court. More commonly, the name refers to a specific writ known in full as habeas corpus ad subjiciendum, a prerogative writ ordering that a prisoner be brought to the court so it can be determined whether or not he is being imprisoned lawfully.

The words habeas corpus ad subjiciendum are Latin for "You (shall) have/hold the body to be subjected to (examination)", and are taken from the opening words of the writ in medieval times. Other habeas corpus writs also existed, e.g. habeas corpus ad testificandum ("You (shall) have/hold the body to bear witness", for the production of a prisoner to give evidence in court...

This procedure, part of English common law, was considered important enough to be specifically mentioned in the U.S. Constitution, which 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." (Article One, section nine).

The "constitutional" writ of habeas corpus, which was originally understood to apply to the actions of the executive branch of the federal government, and not to the states, and then only to the jurisdiction of the court, should be distinguished from what can be called "statutory" habeas corpus. Congress granted all federal courts jurisdiction under title 28, section 2254 of the United States Code to issue writs of habeas corpus to release state prisoners from custody when held unlawfully. A similar provision, 28 U.S.C., section 2255, provides analogous relief to federal prisoners...

This is essentially your right to a trial by jury.

It's no news that "we've" suspended this right for the War on Terra.

What may be news to you is that the Party is talking about suspending that right for everybody.

No Habeas for Them, No Habeas for Us

Tinkering with habeas corpus is a dangerous thing. Today, Sen. Lindsay Graham and his fellow Senators told you they are only restricting habeas rights of enemy combatants, i.e., foreigners. But on November 16, the Senate Judiciary Committee will hold a second hearing on S. 1088 (pdf), a bill that would gut habeas corpus rights for Americans...

Which is exactly everything I've come to expect from the best the United States Senate and the United States Government have to offer us.