A lot of what Trump and his MAGA advisors do these days is concerning, but something recently came up that has us rattled. Multiple people in the Trump-o-sphere have either commented on or been asked about the idea of suspending habeas corpus. Steve Bannon and Stephen Miller have called for it, and Kristi Noem couldn’t give an accurate definition of the concept when questioned by Congress. Let’s look at what habeas corpus is, why it’s so crucial to a functioning democracy, and what you can do to help support our work defending democracy from the Trump administration.
What is Habeas Corpus?
Habeas corpus (Latin for “you should have the body”) may sound like some obscure Latin phrase with no relevance to your life, but your freedom depends on it. Habeas corpus is the legal principle that the government cannot arrest and hold someone without showing a lawful reason for their detention and without providing due process. When someone is being imprisoned by the government illegally, that person can petition a court for a “writ of habeas corpus.” That means the authorities have to produce the prisoner they are holding and justify their confinement. Habeas corpus is a cornerstone of our fundamental right to due process, and without it we’re in danger of becoming prisoners to an authoritarian regime.
Why is this so important?
The framers of the Constitution found habeas corpus to be so vital to democracy that they included it in the Constitution, saying that the right to petition for a writ of habeas corpus can’t be suspended except in cases of war or rebellion. And it is only Congress, not the President, that is given the power in the Constitution to suspend it.
Without habeas corpus, the government could snatch up anyone they choose and hold them indefinitely without trial, without recourse, and without even seeing a judge. Any infraction against a tyrannical government could result in detainment with no legal way to fight back. Such actions from the government would be completely contrary to a free society.
This is why it’s so concerning when anyone, especially those serving in government, even suggest suspending habeas corpus. What they’re suggesting is removing the right of people to legally defend themselves from indefinite detainment by the government, something even the Supreme Court has railed against.
In 1868, the Supreme Court wrote, “The great writ of habeas corpus has been for centuries esteemed the best and only sufficient defense of personal freedom.” In a more modern context, the Court in 2008 wrote that “the framers viewed freedom from unlawful restraint as a fundamental precept of liberty, and they understood the writ of habeas corpus as a vital instrument to secure that freedom.”
Habeas corpus is a powerful tool against tyranny--one we can’t afford to lose. So, any talk of limiting habeas corpus is something people need to pay attention to. Our freedom depends on it.
Who would suspending habeas corpus affect?
Everyone. Ultimately, if habeas corpus were suspended, it could affect anyone and everyone. No one would be safe from potential indefinite detainment by the government. At the moment, however, those who are most at risk are immigrants who are being imprisoned and even sent abroad to countries like El Salvador without any kind of judicial process. This disregard for the rule of law and the Constitution is what could be waiting for many more people if habeas corpus is suspended.
What you can do
We’re working to defend democracy from those who would dismantle our rights. You can join us by donating and becoming a member of People For the American Way today. Our freedoms are too important to be left in the hands of people who so casually discuss taking them away.
