October 10, 2006

THOUGH HER ARGUMENT IS CORRECT AS TO FISA:

Pass the Buck: When Congress passes unconstitutional laws (Dahlia Lithwick and Richard Schragger, Oct. 7, 2006, Slate)

The language of addiction has become the catchall excuse for bad personal behavior of every sort, but it's worth invoking in one more context: the constitutional one. Please do forgive the United States Congress its atrocious behavior last week. It's not a bad institution, per se. It's merely addicted to judicial review.

Last week, we watched as several senators voted for a bill redefining the treatment, detention, and trials of enemy combatants, even as they expressed doubts as to its constitutionality. The bill setting up military tribunals for enemy combatants, among other constitutional infirmities, contains a provision stripping courts of their power to review the constitutionality of the detentions. This provision, which suspends the writ of habeas corpus for current and future detainees, was contested by a number of senators, but the amendment that sought to excise it from the final bill failed by a vote of 51-49.

Before that amendment was rejected, Sen. Arlen Specter, R-Pa., chairman of the Senate judiciary committee, announced, "I'm not going to support a bill that's blatantly unconstitutional ... that suspends a right that goes back to [the Magna Carta in] 1215." He added, "I'd be willing, in the interest of party loyalty, to turn the clock back 500 years, but 800 years goes too far."


Which category do foreign enemy combatants fall under?:
JOHN, by the grace of God King of England, Lord of Ireland, Duke of Normandy and Aquitaine, and Count of Anjou, to his archbishops, bishops, abbots, earls, barons, justices, foresters, sheriffs, stewards, servants, and to all his officials and loyal subjects, Greeting.

Posted by Orrin Judd at October 10, 2006 8:06 AM
Comments

This is nonsense. The MDA cured the Youngstown Sheet & Tube issue in Hamdan. The issue then shifted from that of separation of powers to application of the Law of War to accused war criminals.

Quiren and Yamashita control this issue yet. The opinions are short and easy to read. Accused war criminals in the WoT ane war criminals as much as Nazi submarine-borne commandos and Japanese generals whose troops slaughtered civilians, with no more and no less right to juducual review of their trials before military commissions.

If anyone wants to read the cases, just go to Findlaw.com and follow the links. All you'll need are the party names. The slate article is a disgrace, from a professional point of view, being intentionally misleading.

Posted by: Lou Gots at October 10, 2006 10:31 AM
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