Incorporating the suspension clause: is there a constitutional right to federal habeas corpus for state prisoners?

Michigan Law Review, February, 1994 by Steiker, Jordan

The Suspension Clause of the US Constitution may appear to provide an inadequate basis for federal habeas corpus review for state prisoners, but the 14th Amendment appears to constitutionalize the more expansive view of federal habeas corpus power that existed in the late 19th century. The 14th Amendment protects individual privileges and immunities from state action abridgement, and the US Constitution characterizes habeas corpus as a privilege. In light of 14th Amendment guarantees, the narrowing of the scope of habeas review by the US Supreme Court is not justified by adherence to the Suspension Clause.

In the early 1960s, the Supreme Court adopted generous standards governing federal habeas petitions by state prisoners. I At that time, the Court suggested, rather...

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