Arguing that the right to bail is implicit in the Habeas Corpus Clause.
Arguing that the circumstances of the Founding Era, including the Habeas Corpus Act of 1679, meant that the Suspension Clause includes a general right of citizens not to be detained unless they have been charged with a crime or for national security purposes.
Arguing that the Privileges and Immunities Clause embraces the right to the writ of habeas corpus.
Reviewing the history of the Suspension Clause, including the Committee of Detail, to argue that the Framers intended for Congress alone to hold the power to suspend habeas corpus.
Looking at the relationship between the Suspension Clause and the Fourteenth Amendment, particularly the Privileges or Immunities Clause.
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