The Fate of Liberty

Meaning of Habeas Corpus

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James Kent's Commentaries on American Law declares the privilege of this writ is a constitutional right at all times except in cases of invasion or rebellion. It says nothing about domestic civil liberties or martial law. Joseph Story's Commentaries on the Constitution of the United States notes the problem has never arisen in U.S. history, but has occurred often abroad. He warns oppression and abuse are frequent in such cases.