The writ of habeas corpus is explicitly mentioned in the United States Constitution in Article I, Section 9, Clause 2. This clause, often called the Suspension Clause, states: "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."
This means that habeas corpus is a constitutional protection that safeguards individuals from unlawful detention by allowing them to challenge the legality of their imprisonment before a court. The Constitution limits the suspension of this privilege strictly to extreme circumstances such as rebellion or invasion, where public safety is at risk. Habeas corpus originated from English common law and was incorporated into the U.S. Constitution to prevent arbitrary detention by the government. In summary, habeas corpus is found in:
- Article I, Section 9, Clause 2 of the U.S. Constitution (the Suspension Clause), which protects the privilege of habeas corpus and restricts its suspension to cases of rebellion or invasion
