In Latin terms, habeas corpus literally means, “You have the body.” The interpretation of the meaning of the term has evolved over time, but its true meaning still comes with an aspect of uncertainty. The idea of Habeas Corpus was first introduced in 1679 by King Charles II, and was known as the Habeas Corpus Parliament to define and strengthen the ancient prerogative writ of habeas corpus, a procedural device to force the courts to examine the lawfulness of a prisoner's detention. (Charles II, 1679). In the Constitution of the United States, the writ of habeas corpus was adapted to give individuals the right to due process, and is said to not be able to be suspended unless in cases of rebellion or invasion in which the public safety may require it. This particular definition is the main point of controversial actions among a few of our …show more content…
The second instance of presidential assertion of executive power over the writ of habeas corpus occurred when President Grant declared a “war” in South Carolina against the Ku Klux Klan. His intentions were for members of the KKK to be arrested and imprisoned with no hope of being released from captivity through due process or sympathizing legislators. The most recent instance of the circumvention of the writ of habeas corpus occurred when President George Bush declared that prisoners at Guantanamo Bay could be detained indefinitely without rights of due process because they were combatants of the United States, and not citizens. This decision was very controversial because many believed that it was unconstitutional and that it violated the basic human rights of the human beings imprisoned