The Body Snatchers: How the Writ of Habeas Corpus was taken from the People of the United States

145 Pages Posted: 28 Jun 2016 Last revised: 30 Dec 2016

Date Written: June 25, 2016

Abstract

While taking a sweeping look at the role of habeas corpus in the United States, this article orients the reader in all its facets with a return to the principles of the U.S. social compact. The origin of habeas corpus in the common law and equity jurisprudence, and its express protection in the U.S. Constitution, reveals habeas corpus jurisprudence as the high-water mark of judicial power in America. It represents a circumstance in which the U.S. social compact rides over every constitutional and legal provision in order to produce justice in the land.

Thus this article contends for a return to the quality of justice at habeas common law from July 4, 1776 onward - that of the de novo review of the facts. It largely draws from the contributions of Justice Stevens who defended this quality of justice as a fundamental requirement of the Court time and again. This article therefore explains and confronts feudalism in America by demonstrating that it has always been ousted with the principle of establishing justice under the de novo review of the facts.

Moving past a mere response to the infidelity of certain justices to the principles of the founding compact, this article expounds the social compact. Its purpose is to convince the Court and the American legal community at large to make a return to the principles of the United States. It is a clarion call back to the liberal equity and the common law established at the Revolution as a principle of U.S. government.

Keywords: habeas corpus, qualified immunity, sovereign immunity, black lives matter, natural justice, natural equity, natural law, habeas corpus common law, the suspension clause, due process, law of the land, Lord Coke, Article III, Judicial Power, the Judiciary Branch, Equity, independent courts, Boumediene

Suggested Citation

Schroeder, Joshua, The Body Snatchers: How the Writ of Habeas Corpus was taken from the People of the United States (June 25, 2016). 35 Quinnipiac Law Review 1, 2016, Available at SSRN: https://ssrn.com/abstract=2800670 or http://dx.doi.org/10.2139/ssrn.2800670

Joshua Schroeder (Contact Author)

SchroederLaw ( email )

490 Lake Park Ave. #10422
Oakland, CA 94610
United States

HOME PAGE: http://https://www.jschroederlaw.com/

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