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Excerpt from Decision of Chief Justice Taney, in the Merryman Case, Upon the Writ of Habeas Corpus With such provisions in the Constitution, expressed rn language too clear to be misunderstood by any one, I can see no ground whatever for supposing that the Presi dent, in any emergency or in any state of things, can an thorize the suspension of the privileges of the writ of ko bcas corpus, or arrest a citizen, except in aid of the judicial power. He certainly does not faithfully ex ecute the laws if he takes upon himself legislative power by suspending the writ of habeas cor pus and the judicial power also, by arrestin a person without due process of argument be drawn from the nature of sovereignty, or the necessity Of government, for self-defence in times of tumult and danger. The Government of the United States is one of and limited powers. It derives its existence rity altogether from the Constitution, and neither of its branches, Executive, Legislative, or Judicial can exercise any of the powers of Government beyond those Specified and granted.

Habeas corpus

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Habeas corpus

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Habeas corpus

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"The storied writ of habeas corpus-literally, to hold the body-has enjoyed celebrated status in the common law tradition for centuries. Writing in the eighteenth century, the widely influential English jurist and commentator William Blackstone once labeled the writ of habeas corpus a "bulwark of our liberties." Soon thereafter, a member of Parliament glorified the writ as "[t]he great palladium of the liberties of the subject." Meanwhile, across the Atlantic, in the lead up to the American Revolution, the Continental Congress declared that the habeas privilege and the right to trial by jury were among the most important rights in a free society, "without which a people cannot be free and happy." A few years later, while promoting the ratification of the United States Constitution in The Federalist, Alexander Hamilton celebrated the privilege as one of the "greate[st] securities to liberty and republicanism" known. Thus, as another participant in the ratification debates wrote, the writ of habeas corpus has long been viewed as "essential to freedom.""--

Habeas corpus

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Habeas corpus.