The Short ConstitutionWade, Martin J. (Martin Joseph)
History
The Short Constitution
Wade, Martin J. (Martin Joseph)
United States. Constitution
“It (The U. S. Constitution) ranks above every other written
constitution for the intrinsic excellence of its scheme, its
adaptation to the circumstances of the people, the simplicity,
brevity and precision of its language, its judicious mixture of
definition in principle with elasticity in details.”—James Bryce.
84 “This is the most famous writ in the law; and, having for many
centuries been employed to remove illegal restraint upon personal
liberty, no matter by what power imposed, it is often called the
great writ of liberty.”—Bouvier’s _Law Dictionary_, Vol. I, p. 917.
85 In 1861 Chief Justice Taney decided in the United States Circuit
Court of Maryland that Congress alone possessed the power under the
Constitution to suspend the writ.—_American Law Register_, 524.
The privilege of the writ is, however, necessarily suspended
whenever martial law is declared in force; for martial law suspends
all civil process.
“As a recognized legal remedy, resort to the proceeding by habeas
corpus may be had where a person is imprisoned under pretended legal
authority which in fact for any reason is absolutely void, as where
the warrant of arrest or commitment is insufficient or the
proceeding under which the warrant was issued was without legal
authority.”
“A state court or judge cannot inquire by habeas corpus into the
validity of arrest or detention of a person under federal authority.
The right to redress in such cases, if any, must be sought in the
Federal courts. But on the other hand Federal courts and judges may
inquire into the cause of the restraint of liberty of any person by
a state when the justification of Federal authority or immunity is
set up for the act complained of.”—_Cyclopedia of American
Government_, Vol. II, p. 106.
86 Constitution of the United States, Art. I, Sec. 9, Cl. 3.
“The effect of attainder upon a felon is, in general terms, that all
his estate, real and personal, is forfeited; that his blood is
corrupted, and so nothing passes by inheritance to, from or through
him.”
“In the United States the doctrine of attainder is now scarcely
known, although during and shortly after the Revolution acts of
attainder were passed by several of the states. The passage of such
bills is expressly forbidden by the Constitution.”—Bouvier’s _Law
Dictionary_, Vol. I, p. 190.
Public-domain text, read in full here on John Shaqi.
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