• There is no express grant of habeas in the Constitution. There's a prohibition against taking it away.

    Alberto Gonzales: There is no express grant of habeas in the Constitution. There's a prohibition against taking it away.
    "Gonzales: 'There Is No Express Grant of Habeas Corpus In The Constitution'". Senate Judiciary Committee Hearings Transcript, thinkprogress.org. January 19, 2007.