Abstract

Abstract As this chapter details, in the newly formed United States, the principles of the English Habeas Corpus Act firmly and finally took root. Surveying this period, one finds pervasive evidence that the Act and its protections wielded profound influence over the development of early American habeas jurisprudence and that American law also imported a robust common law writ of habeas corpus to reach cases beyond the scope of the English Act. As the chapter explores, many states adopted the terms of the English Habeas Corpus Act and even suspended those protections during the Revolutionary War. As the chapter also highlights, it was the English Act that proved a key foundation of the habeas clause in the United States Constitution, known as the Suspension Clause.

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