The constitution – and our history – make it clear: the suspension of this essential right is the prerogative of Congress
The writ of habeas corpus is much older than the American constitution. That writ, which enables people detained by the government to challenge their detention in court, has been regarded as an essential bulwark of liberty in the English-speaking world since the 15th century.
In this country, Alexander Hamilton said the writ of habeas corpus provides “greater security to liberty and republicanism” than any other provision in the constitution. And in his first inaugural address, President Thomas Jefferson called the protections provided by habeas corpus one of the “essential principles of our Government”.
Austin Sarat, William Nelson Cromwell professor of jurisprudence and political science at Amherst College, is the author or editor of more than 100 hundred books, including Gruesome Spectacles: Botched Executions and America’s Death Penalty
