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Constitutional Law,
Books

Jul. 20, 2010

The Origins of Habeas Corpus

Stephen Rohde of the ACLU of Southern California reviews the history behind the "Great Writ" and why its remedies should extend to Guantanamo detainees.

Stephen F. Rohde

Email: rohdevictr@aol.com

Stephen is a retired civil liberties lawyer and contributor to the Los Angeles Review of Books, is author of American Words for Freedom and Freedom of Assembly.

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As U.S. courts grapple with the right of Guantanamo detainees to seek release through habeas corpus, understanding the history and the purpose of the Great Writ seems more important than ever. Why should foreigners, who are not citizens of the United States, held outside the United States, captured in the War on Terror but not charged or convicted of any crimes, have the right to go into a U.S. federal court to challenge their detention?

The answer lies deep in English history in ...

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