the.com/habeas corpus
the government must show you the body before it can keep the body.
means a legal order requiring authorities to bring a detained person before a court and justify the detention, or release them.
from latin for you shall have the body, from writs english courts issued starting the 1200s demanding jailers produce prisoners and explain themselves, formalized by the habeas corpus act of 1679 after judges kept dodging the question.
literal meaningyou may have the body, not the corpse
us constitutiononly right explicitly protected before the bill of rights
suspendablecan be suspended during rebellion or invasion, rarely
not about guilttests legality of detention, not innocence
for instance
lincoln 1861 — suspended it during the civil war, congress fought back
ex parte merryman — 1861 case where a judge ordered lincoln to comply
magna carta 1215 — planted the seed banning arbitrary imprisonment