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Habeas Corpus in the Founding of America

Habeas Corpus in the Founding of America

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 This episode examines how habeas corpus crossed the Atlantic and became enshrined in America's constitutional framework. Lex Franklin details how English colonists brought their understanding of legal rights to North America, with colonial courts generally following common law principles including habeas corpus. The episode explores how the writ took on new political significance during tensions with Britain, particularly when Parliament passed the Administration of Justice Act allowing colonists to be transported to England for trial. Following independence, many state constitutions explicitly protected habeas corpus, reflecting widespread consensus on its importance. Franklin analyzes the Constitutional Convention's debates over habeas corpus, culminating in Article I's prohibition against suspension except in cases of rebellion or invasion. Through cases like Ex parte Bollman, the early Supreme Court clarified habeas corpus's scope in the American system. The episode also examines habeas corpus's application to slavery, revealing the contradiction between legal principles and the institution of human bondage. Throughout, Franklin demonstrates how habeas corpus evolved to fit distinctly American circumstances while retaining its essential character as a check on arbitrary detention.

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