Question 1

Protection for the privilege of habeas corpus is contained in the Bill of Rights to the U.S. Constitution.

Accepted Answer

The protection for the privilege of habeas corpus is not contained in the Bill of Rights but rather in the body of the U.S. Constitution itself, specifically in Article I, Section 9.

Question 2

The writ was known and used in some form at least as early as the reign of Edward I.

Accepted Answer

The writ, as a formal written order, has been a part of English legal practice for centuries, and its use was indeed known and utilized during the reign of Edward I (1272–1307). This period saw significant development in the use of writs for various legal processes.

Question 3

The writ protects the rights of the detained by a means consistent with the essential design of the Constitution.

Accepted Answer

The writ of habeas corpus protects the rights of the detained by ensuring a court examines the legality of the detention, which is consistent with the Constitution's safeguarding of individual liberties and prevention of unlawful imprisonment.

Question 4

In the Insular Cases, the Supreme Court held that the writ applies in any territory that is not a State.

Accepted Answer

The Insular Cases established that the writ of habeas corpus applies to all US territories, regardless of their status as states.

Question 5

The Supreme Court in Boumediene v. Bush held that Art. I, § 9, cl. 2 of the Constitution did not apply to detainees at Guantanamo Bay.

Accepted Answer

In Boumediene v. Bush, the Supreme Court held that detainees at Guantanamo Bay do have the right to habeas corpus under the Constitution, effectively ruling that Article I, Section 9, Clause 2 does apply to them, allowing them to challenge their detention in court.

Question 6

The U.S. Constitution provides that "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."

Accepted Answer

The U.S. Constitution, specifically in Article I, Section 9, Clause 2, states that the privilege of the writ of habeas corpus shall not be suspended except in cases of rebellion or invasion where public safety may require it.

Question 7

The essence of a writ of habeas corpus is an attack by a person in custody upon the legality of that custody.

Accepted Answer

A writ of habeas corpus is a legal petition filed by or on behalf of someone in custody, challenging the legality of the detention. It is a fundamental legal mechanism to safeguard individual freedom against arbitrary and unlawful state action.

Question 8

Only Congress has the authority to suspend the writ of habeas corpus.

Accepted Answer

Only Congress has the authority to suspend the writ of habeas corpus, which is a legal document that requires a person to be brought before a judge or into court to determine if their detention is lawful.

Question 9

The Supreme Court in Boumediene v. Bush held that

Accepted Answer

The Supreme Court in Boumediene v. Bush held that detainees at Guantanamo Bay have the right to the writ of habeas corpus to challenge their detention and that if Congress intended to suspend this right, it must do so in a manner that meets the requirements of the Suspension Clause of the Constitution.

Question 10

Chief Justice Roberts in dissent in the Boumediene v. Bush case contended

Accepted Answer

Chief Justice Roberts, in his dissent in Boumediene v. Bush, indeed contended all of the points listed: he viewed habeas corpus primarily as a procedural right to challenge executive detention, suggested the Court should have decided the case on different grounds, and expressed a strong belief that the Court's decision would be regretted in the future.

Question 11

The Privilege of the Writ of Habeas Corpus was

Accepted Answer

The privilege of the writ of habeas corpus was contained in the U.S. Constitution before the adoption of the Bill of Rights, specifically mentioned in Article I, Section 9.

Question 12

Which of the following is required before a person can bring a habeas corpus petition?

Accepted Answer

A habeas corpus petition is a legal action where a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian (a prison official, for example) to bring the prisoner to court, to determine whether the detention is lawful. Therefore, the person must be in custody at the time the petition is filed.

Question 13

What was the basis of the majority's opinion in the Boumediene v. Bush case?

Accepted Answer

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Question 14

What was the rationale of the dissenters' opinion?

Accepted Answer

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Question 15

How do you feel? Should the prisoners being held in Guantanamo Bay have rights to contest the legality of their detention by a writ of habeas corpus?

Accepted Answer

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Question 16

Which officials may grant a writ of habeas corpus?

Accepted Answer

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Question 17

Explain the U.S. Supreme Court ruling in Alaska v. Wright (2021).

Accepted Answer

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Question 18

Why is the writ of habeas corpus referred to as the Great Writ?

Accepted Answer

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Quiz 11: Writ of Habeas Corpus