Oct 1, 2012
The meaning of Habeas Corpus in the Constitution is simply this: Habeas corpus, a Latin term
Meaning "you have the body," refers to the right of every prisoner to challenge the terms of his or her
incarceration in court before a judge.1.. This term has taken on a whole new urgency since the
post 9/11 taking of potential prisoners to Guantamano Bay . It is called Gitmo and has sparked
many debates about the rights of prisoners of war. I would like to show that the holding of the
prisoners at Gitmo is a legal and viable idea.
The Habeas Corpus term comes from an old English work to mean to produce a body; This
means to have viable evidence and a person to show as a prisoner. It especially has power where
there is a prisoner but not yet a conviction . These writs sometimes walk a very thin line
and have be taken very seriously.
With the capture of so many prisoners after 9/11, we needed somewhere to hold the prisoners,
so we got a piece of land on Cuban soil called Guantamano Bay”
The most famous American Habeas Corpus action prior to the civil war was the case
of Dred Scott. Dred Scott was a slave owned by a physician. Upon the death of his
master, it was promised that Dred Scott would be set free. However, at that time Dred Scott was
still being detained as a slave. Dred Scott petitioned the Federal Court for a Writ of Habeas
Corpus. Habeas Corpus was granted by the Federal District Court and subsequently upheld by
the Federal Court of Appeals. However, the Habeas Corpus was overturned by the United States.
Supreme Court on the grounds that Dred Scott, as a slave, was not a “person” as contemplated by
Dr Donald Barbee
the United States Constitution and therefore did not have the right to petition the Federal Courts
for a Writ of Habeas Corpus. As to Dred Scott, the extraordinary writ, the great writ as Sir