Habeas Corpus is a Latin term meaning "that you have the body". In 'common law' countries it is used as a writ protecting individuals from being held captive unlawfully. When a writ of Habeas Corpus is issued, the captive person is brought before a court and the captor is required to show sufficient evidence that the detainee should be in custody.
According to William Blackstone, the first recorded use of a writ of Habeas Corpus was under King Edward in 1305. Yet, other writs with similar meanings had been issued in the 12th century. Additionally, the Magna Carta (1215) dealt with the issue of false imprisonment. Regardless of when it officially popped up, it has been around for hundreds of years. In 1679 the Habeas Corpus Act was passed in by the Parliament of England under King Charles II.
Article I, Section 9 of the United States Constitution reads:
"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."
So, it gives a loophole for whatever can be interpreted as a 'case of rebellion or invasion'. The forefathers were very, very smooth with their loopholes. In the 50's, decisions by the Warren court expanded the use of Habeas Corpus, but in recent times it has been narrowed.
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