Habeas Corpus


Bushwacking the Bill of Rights

Last November, when President Bush issued an executive order establishing a system of military commissions to punish non-citizens, I asked myself, as no doubt countless other Americans did, “But what about Ex Parte Milligan (1866)?” Surely George W. and his Dad had studied this landmark Supreme Court decision in the course of those searching discussions of American history they must…
Ludwell H. Johnson
July 19, 2018
Review Posts

Executive Usurpation

Mr. President, during the special session of the Senate in March last, when seven States had withdrawn, by the action of their people, from the Federal Union, disclaimed all allegiance to the Government, and organized a separate common government, I took occasion, before the public mind had become excited, to express fully my views of the structure of our Government,…
James A. Bayard
February 16, 2016
Review Posts

Habeas Corpus

Recently, I came across a little known case that I wanted to call to your attention. It involves the ancient writ of habeas corpus, which was first recognized in 1215 in the Magna Carta, but existed long before that. In Alabama, the writ of habeas corpus has been codified in Section 15-21-1 et. seq. Code of Alabama (1975). It did…
Joseph S. Johnston
October 13, 2015