What Constitutional Amendment Enshrines Habeas Corpus?

Article I, 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.”

What amendment does habeas corpus fall under?

The U.S. Constitution specifically includes the habeas procedure in the Suspension Clause (Clause 2), located in Article One, Section 9. This states that "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".

Is habeas corpus in the 14th Amendment?

The answer, in short, is yes. The Fourteenth Amendment PI Clause— not the Due Process Clause—expanded the constitutionally protected scope of the federal habeas privilege.