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Habeas corpus - Wikipedia, the free encyclopedia
Habeas corpus (pronounced /ˌheɪbiːəs ˈkɔrpəs/ ) (Latin: You (shall) have the body) is a legal action, or writ, through which a person can seek relief from the unlawful detention of him or her...
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Habeas corpus in the United States - Wikipedia, the free encyclopedia
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[JURIST] A Tajikistan native held at Guantanamo Bay [JURIST news archive] has challenged [appellate brief, PDF] a federal judge's decision to suspend his habeas corpus proceedings after he was cleared for transfer ... ; Guantanamo detainee appealing suspension of habeas corpus proceedings; Carrie Schimizzi at 2:48 PM ET;
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As a follow up to Adams and DiLorenzo regarding Lincoln's warrant to arrest the Chief Justice of the U.S. Supreme Court, Roger B. Taney, it is interesting to see what Taney himself said in the Ex parte Merryman (1861) decision about Lincoln's suspension of habeas corpus, which Lincoln had authorized on April 27, 1861.
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Many of Lincoln’s defenders concede the unconstitutionality of his suspension of habeas corpus, but argue that, although the suspension was dictatorial, Lincoln was a “good dictator.” James G. Randall even called Lincoln a “benevolent dictator,” a phrase many would consider an oxymoron. However,
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In fact, readings of the Constitution which identified the habeas corpus suspension power with the Congress without contention appear throughout the ratification debate. Moving from New York to Massachusetts' ratification process, references to the habeas corpus clause identify it similarly.
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