Ex Parte Banks

“The writ of habeas corpus is a writ of right, and shall never be suspended.” Art. 1, § 12, Texas Constitution.

“[The Great Writ] is the most celebrated writ in English Law.” Blackstone, The Commentaries on the Laws of England (1762 and 1769 editions).

The Great Writ was proclaimed by the Colonists as among the immemorial rights descended to them from their ancestors. Ex parte Yerger, 8 Wall. 85, 75 U.S. 85, 95-98, 19 L.Ed. 332, 336 (1869).

In 1963, the Great Writ was proclaimed by a moderate Supreme Court as “one of the precious heritages of Anglo-American civilization.” Fay v. Noia, 372 U.S.…