Article I, Section 9, of the Constitution, "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."
http://www.uscourts.gov/outreach/top..._casestudy.htm
The Role of Federal Courts in Balancing Liberties and Safety
Case Study
Johnson v. Eisentrager
339 U.S. 763 (1950)
Issue
Are foreign nationals entitled to habeas corpus relief in the federal courts if they have never lived in the United States?
Ruling (6-3)
No. In a 6-3 ruling, the Supreme Court stated that the convicted German nationals were not entitled to habeas relief in the federal courts.