ABSTRACT
Habeas corpus is a fundamental federal right that can be suspended only in times of war, rebellion, or invasion. The concept was taken from Parliament's Habeas Corpus Act of 1679. When first enunciated at the Constitutional Convention in 1787, the writ was seen as an integral part of the new government's promise of liberty and freedom from wanton displays of governmental authority; some states had similar provisions within their own constitutions. Public perceptions of habeas corpus have suffered since the late 1980s from many well-publicized cases in which prisoners were petitioning federal courts for relief based on what critics construed as flimsy reasons, such as menu choices and access to men's magazines. In response to the perception that habeas was being abused and that crime was not being properly deterred, the Supreme Court imposed additional limitations on use of the writ.
