The Constitution for the United States of America
Section 9 - Paragraph 2
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.
Habeas Corpus (You have the Body.) The name given to a variety of writs, (of which these anciently were the emphatic words,) having for their object to bring a party before a court or a judge. - Black's Law Dictionary - 1st Edition
In simple English, a Writ of Habeas Corpus is a demand that an incarcerated person be brought before a judge, or jury.
In Common Law, at the time the Constitution was written, it was used to obtain the release of individuals who had been confined by the King. Many times the King would suspend the right of Writ of Habeas Corpus in order to keep the person incarcerated. Thus the Founding Fathers made it very clear in the Federal Constitution, and it has carried over into the various State Constitutions, that the right of using a Writ of Habeas Corpus cannot be suspended, unless there is rebellion, invasion, or concerns about the public safety.
Abraham Lincoln suspended the right during the Civil War and the Suspreme Court restored it following the war.
Because the People are the power behind all authority granted to the Federal and State Governments, and, because we did not grant the exclusive right to any of our own power and authority, any Sovereign Citizen has the right to serve a Writ of Habeas Corpus on any of our public servants in order to correct an injustice being done. No action on the part of any government created by We, the People, can suspend the right of the People to exercise the right of Habeas Corpus.
The People are superior to the States, and the States are superior to the Federal Government. This precludes the Federal government from suspending the Writ of Habeas Corpus in an effort to gain control over the States and the People. The Federal Government, being the bottom of the power chain has no ability to reach up the ladder to regulate anything.
If We, the People, do not have the power to use the Writ of Habeas Corpus for our own benefits, then none of the Governments we created have the power to use the Writ of Habeas Corpus because they all get their powers from the powers lawfully held by We, the People.
Previous Page | Next Page
Return to the top of the page
Return to the Constitution Index
Constitutional Quiz | Truth | Index to Historical Documents | Basic Concepts
Return to Home Page
Other Comments of Interest
Please direct all comments to: