The Writ of habeas corpus.... why's it so important?

Question

The writ of habeas corpus act of 1679 limited government power because it meant no government official could hold someone in prision arbitrarily or indefinitely. Now one constitutional scholar called it "the greateast guarantee of human freedom ever devised by man"

Why is it so fundamentally important?

Any help would be great.

Answer 1

It is an order to "produce the body." Basically, it is the right of a prisoner to be brought before an independent person with the power to determine whether or not you should be held or set free under conditions designed to make sure you return to court as necessary for your case. It is rumored that Abraham Lincoln wanted to deny habeas corpus to a captured confederate spy. The spy's habeas corpus petition had been brought before the US Supreme Court, and word was leaked to the White House that the Court was going to rule against Lincoln the following day. (Somebody gave the President the heads-up.) Lincoln had only one way to suspend the right of habeas corpus. He declared the country to be in a state of war - and the Civil War officially started. George Bush used a different tactic. He kept the prisoners off American soil, in Gitmo, in Cuba. Habeas corpus only applies to civilian courts, so in Cuba the prisoners had no habeas corpus rights because we presently have no civilian presence in Cuba. He also denied them their rights as prisoners of war under the Geneva Convention by redefining them not as prisoners of war, but rather as "enemy combatants."  Who said George Bush is stupid. Evil he may be, stupid he's not.

Answer 2

this lead to the right to a right to a speedy trial and kept them safe from cruel and unsual punishment

Answer 3

The writ of Habeas corpus is the lynch pin that guarantees your rights as a citizen. Without it or in the event of suspension your rights are go as it goes. In plain language it is due process without due process teh government can throw you in jail, enter or seize your property, torture you and your family all without telling you why. If you have time I would encourage you to read your Bill of Rights, what you should recognize is that it does not impart rights to you it restricts the government in it's language. Why? Because our founding fathers understood that all governments are inherently corrupt so they went to great lengths to keep the government in check and keep you free. Also you may find some interest in googling Eisenhowers farewell state of teh union speech in which he warns all of us citizens about the military industrial complex.