Article 1, Section 9, Paragraphs 1-3
The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.
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.
No Bill of Attainder or ex post facto Law shall be passed.
Appeals Cannot be Eliminated
Human Courts need an Appeal Process.
Habeas Corpus refers to a process that makes sure that a prisoner is not under unlawful confinement. This has been suspended several times including President Lincoln’s action in 1861 at the beginning of the Civil War. A Supreme Court Justice was very upset that the President and Congress issued it, insisting only a Justice could issue such orders. He was voted down (Lagass, P., & Columbia University. The Columbia Encyclopedia. 6th ed. New York; Detroit: Columbia University Press; Sold and distributed by Gale Group, 2000).
In the court systems, this Writ is used only when all avenues of redress have been exhausted at the current level. It is at this point that a higher court may offer a Writ to examine the issues of imprisonment. It is not used to determine guilt. This is overused by those on Death Row today.
The term is better known as an "Appeal." Exceptions included times when public safety would be compromised.
Blackstone had written: "but confinement of the person, by secretly hurrying him to jail, where his sufferings are unknown or forgotten, is a less public, a less striking, and therefore a more dangerous engine of arbitrary government" (Hamilton, A., J. Madison, & J. Jay. The Federalist Papers. Oak Harbor WA: Logos Research Systems, 1998. no. 84,5.).
Paul used the Roman Habeas Corpus to get him an opportunity to speak to Caesar in person. Israelites know that mankind is in the image of God. As such, they must treat all people with respect and dignity. However, in Paul’s day, had he not appealed to the Romans for a Habeas Corpus from the Jewish custody, they would have "made him run on foot, or dragged him thither in a cart, or on a sledge, or have horsed him behind one of the troopers" (Henry, M. Matthew. Henry’s Commentary on the Whole Bible. Peabody: Hendrickson, 1996, c1991. Ac 23:12).
Acts 25:12, "Then Festus, when he had conferred with the council, answered, Hast thou appealed unto Caesar? unto Caesar shalt thou go."
God provided a means for Habeas Corpus to those who commit manslaughter, by insisting that certain easily reached Cities of the Priests be used as a haven against vengeance. Numbers 35:9-35.
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