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Northeastern University Law Journal

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This is the second of three planned articles in a project whose overall title is “Habeas Corpus in Three Dimensions.” The first installment discussed the importance of habeas corpus as a common law writ.2 This piece considers the significance of the fact that American habeas corpus until the first decades of the nineteenth century was embedded in a system of multiple constraints on government power.3 The third installment will trace the role of habeas corpus in the system of checks and balances that developed here subsequently.