The President and the Marquis: Habeas corpus vs. lettres de cachet

Habeas corpus is an ancient right, rooted in English common law. It takes the form of a writ issuing out of a court of justice which requires the body of a person restrained of liberty to be brought before the judge or into court, that the lawfulness of the restraint may be investigated and determined (Oxford English Dictionary). Lettres de cachet were letters bearing the imprint of the King of France, under the royal seal or "cachet", which removed the individuals named therein from the regular judicial system and placed them under the personal arrest of the King. They were, essentially, warrants of arbitrary arrest. Lettres de cachet could be petitioned for and many an enemy or rival was dispensed, sometimes permanently, in this way. It was, of course, to get rid of the arbitrary powers of the Ancien Régime, among other things, that the French took to the streets in 1789. Habeas corpus is a right the French literally fought for. So did Americans. That's why it's in the Constitution. Are Americans about to give it up without a fight? They already have...

continua / continued