The Short ConstitutionWade, Martin J. (Martin Joseph)
History
The Short Constitution
Wade, Martin J. (Martin Joseph)
United States. Constitution
At last she had to leave the boy. She at once consulted a lawyer. He
prepared a written application asking that a writ of habeas corpus be
issued, commanding the principal of the school to bring the boy before the
judge, that the judge might hear the evidence, and make an order releasing
the boy from the school and placing him in the charge of his mother. The
writ was issued by the judge. An officer went to the school, read the writ
to the principal, who promptly brought the boy to the court room.
There the judge heard the story of the mother and the simple tale of the
little boy, he examined certified copies of the order of the court
awarding the custody of the boy to his mother, which the sheriff had
procured, and then he very promptly ordered the principal of the school to
give the boy to his mother. The principal was of course glad to do so,
when he found that the father had done wrong.
This is only one of hundreds of cases where the writ of habeas corpus
releases someone from wrongful confinement. Such wrongful confinement may
be in a school or in a home or in a jail or in a dungeon or in a dark
cellar. No matter where, the writ of habeas corpus does not stop at locked
doors or barred windows or stone walls. An officer with such a writ can
break and enter if necessary. No obstacle can be allowed wrongfully to
deprive an American citizen of his liberty.
ELEMENTARY QUESTIONS
1. What is a writ of habeas corpus?
2. What does “habeas corpus” mean?
3. When was it recognized in England?
4. When may it be suspended in America?
5. Just what does it mean to the average citizen?
6. Can you think of a time when it might be valuable to you?
7. What is martial law?
ADVANCED QUESTIONS
A. Just when is a writ of habeas corpus likely to prove valuable?
B. Why is it called “the most famous writ of the law”?
C. Show how it affects the poor man.
D. Show how it makes for democracy.
E. Write a paper on the following:
Abuses Found Before the Writ of Habeas Corpus Was Recognized
Cases Where It was Used Locally
The Experience of the Arrest of an Innocent Man Who Was Unable to
Furnish Bail
A Court Martial
XX. OTHER PROHIBITED LAWS
No Bill Of Attainder Or Ex Post Facto Law May Be Passed By Congress
This morning I have something else for you which you probably do not
understand, something that you can hardly imagine would interest you
personally; but as I have often repeated, always bear in mind that every
single clause of the Constitution is made for each and every one of us, no
matter what position we may have in life.
The framers of the Constitution said:
“_No Bill of Attainder or ex post facto Law shall be passed._”(86)
Public-domain text, read in full here on John Shaqi.
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