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When may the writ of habeas corpus be suspended? (requires a person under arrest to brought before a judge/into court.)

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Final answer:

The writ of habeas corpus can be suspended only in cases of rebellion or invasion where the public safety may require it, as specified in the Constitution of the United States. Historically, such suspensions are rare, with significant instances occurring during the Civil War and debates arising during the war on terrorism.

Step-by-step explanation:

The writ of habeas corpus is a fundamental legal procedure in which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian to bring the imprisoned individual to court for a hearing. This right is a crucial aspect of the rule of law and protection against arbitrary detention. However, the Constitution of the United States specifies circumstances under which this privilege can be suspended. According to Section 9, Clause 2 of the Constitution, the privilege may only be suspended in cases of rebellion or invasion when the public safety may require it.

Historically, suspension of the writ of habeas corpus has been rare. Notable instances include President Abraham Lincoln's suspension during the Civil War to address rebellion and ensure the safety of the nation. In more recent times, debates over the suspension arose during the war on terrorism, particularly regarding detainees at Guantanamo Bay who were held without formal charges or the opportunity to appear before a judge.

The principle behind the writ of habeas corpus is to prevent the government from holding individuals without just cause. It is an essential check on governmental power and a protection of individual liberty. Nonetheless, the provision for suspension acknowledges that extreme situations may require extraordinary measures to maintain public safety and security.

User Mirko Jahn
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