Habeas Corpus: Protecting freedom for centuries (#369)

In 1963, when I was just 12 years old, my history teacher Mr. Lipscombe asked our class a question that would stay with me for life:

Who can tell me what the Habeas Corpus Act meant for personal freedom?

My hand shot up. I don’t remember exactly what I answered, but I do remember the thrill of knowing the story behind those Latin words. How lucky I was to have teachers like Mr. Lipscombe who inspired in me a love of history – a love that continues to shape how I see the world today.

My written answer to Mr. Lipscombe's question

 What is Habeas Corpus?

The Habeas Corpus Act of 1679 is one of the cornerstones of individual liberty in common law.

Habeas corpus ad subjiciendum.

Literally “you shall have the body to submit.”

Known as the “Great Writ.”

It compels the government to bring a detained person before a court to justify their imprisonment.

Before the Act, kings or officials could imprison people indefinitely without charge or trial.

The 1679 Act, passed under King Charles II, strengthened earlier common law traditions by preventing the Crown from simply disappearing political opponents or debtors into prison without judicial oversight.

It established:

• The right to appear before a judge.

• The requirement for a speedy hearing.

• Protection against indefinite arbitrary detention.

Why Does It Matter Today?

Habeas corpus remains deeply relevant in modern US politics. It is embedded in Article I, Section 9 of the US Constitution, which states that it shall not be suspended except “when in cases of rebellion or invasion the public safety may require it.”

In recent decades, debates over habeas corpus have flared in contexts such as:

• Detention at Guantanamo Bay

  
  

  • After 9/11, the US government held detainees at Guantanamo without trial, arguing that constitutional protections did not apply to non-citizens held outside US soil. In Boumediene v. Bush (2008), the Supreme Court affirmed that habeas corpus extended to Guantanamo detainees.

• Emergency Powers

  
  

  • During the COVID-19 pandemic, court access and prisoner rights raised questions about the balance between public safety and individual liberty.

• Immigration Detention

  
  

  • Immigrants detained without a hearing have challenged their confinement under habeas corpus provisions.

Why History Inspires Me

When I think back to Mr. Lipscombe’s class, I realize he wasn’t just teaching us about an old English law.

He was teaching us about freedom itself.

Habeas corpus is a reminder that liberty depends not on the goodwill of those in power, but on enforceable rights upheld by independent courts.

In an era where fear or political expediency can tempt governments to override individual protections, the Great Writ remains as crucial as ever.

It is the promise that no one is above the law – and no person is beneath its protection.

Rick’s Commentary

I was lucky to have teachers who instilled in me the importance of history.

History is not just the story of what happened.

History is the story of how we became who we are, and the warnings we ignore at our peril.

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