H.R. 4388

Right to Habeas Corpus Act

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I

112th CONGRESS

2d Session

H. R. 4388

IN THE HOUSE OF REPRESENTATIVES

April 18, 2012

Mr. Rigell (for himself, Mr. Landry, Mr. Griffin of Arkansas, Mr. Harris, Mr. Walsh of Illinois, Mr. Cleaver, Mr. Ross of Florida, Mr. Mulvaney, Mr. Thornberry, Mr. Labrador, Mr. Johnson of Illinois, Mr. Simpson, Mr. Rokita, Mr. Miller of Florida, Mr. Young of Indiana, Mr. Reed, Mr. Ribble, Mr. DesJarlais, Mr. Bucshon, Mr. Gowdy, Mr. Culberson, Mr. Wilson of South Carolina, Mr. Gingrey of Georgia, Mr. Lankford, Mr. Canseco, Mrs. Hartzler, and Mr. Conaway) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To state that nothing in the Authorization for Use of Military Force or the National Defense Authorization Act for Fiscal Year 2012 shall be construed to deny the availability of the writ of habeas corpus for any person who is detained in the United States pursuant to the Authorization for Use of Military Force in a court ordained or established by or under Article III of the Constitution.

1.

Short title

This Act may be cited as the Right to Habeas Corpus Act.

2.

Findings regarding habeas corpus rights

Congress makes the following findings:

(1)

Article 1, section 9 of the Constitution states 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..

(2)

Regarding the Great Writ, the Supreme Court has noted The writ of habeas corpus is the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action..

3.

Habeas corpus rights

Nothing in the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note) or the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81) shall be construed to deny the availability of the writ of habeas corpus in a court ordained or established by or under Article III of the Constitution for any person who is detained in the United States pursuant to the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note).