What is habeas corpus?
The Writ of Habeas corpus, also called the Great Writ or the Great Writ of Freedom, is a protection against illegal incarceration. When England had a king, a writ of habeas corpus essentially came from the king and said, “You’re holding one of my subjects prisoner. Bring him to my court and explain why.” Since then it has become a more general protection against wrongful imprisonment.
Currently it has two forms. The more controversial form is when a Federal Court can question a state prison sentence. If somebody is illegally or unconstitutionally held on a state charge, they can bring a habeas plea to a Federal court.
The form that was preserved yesterday was the one nobody questioned until Bush et co. came along. This was the part where a court could intercede for people held indefinitely without any charge. That part is older than our country and is one of the cornerstones of a free society.
