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Where does the right to file a write of habeas corpus come from

User Jennybryan
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Final answer:

The right to file a writ of habeas corpus is enshrined in the U.S. Constitution, which specifies that it can only be suspended under exceptional circumstances for public safety. This legal provision is a fundamental aspect of civil liberties, allowing individuals to challenge unlawful detention.

Step-by-step explanation:

The right to file a writ of habeas corpus originates from the U.S. Constitution, which ensures that this right cannot be suspended except under extraordinary circumstances such as rebellion or invasion where public safety may be in jeopardy. The Constitution and subsequently the Bill of Rights cherish and safeguard the principle of civil liberties by allowing detained individuals to question the legality of their imprisonment. The Privilege of the Writ of Habeas Corpus has been a cornerstone in guaranteeing that the government provides valid reasons for one's arrest and detention, ensuring that no one is held unlawfully.

Historically, there have been significant moments when the writ was suspended, such as during the Civil War by President Lincoln, and in more recent times, issues surrounding the right of detainees to challenge their detention, such as with the Military Commissions Act of 2006 and the Supreme Court's decision in Boumediene v. Bush (2008), which restored habeas corpus rights to foreign terrorism suspects held at Guantánamo Bay.

User Chinoto Vokro
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