The Military Commissions Act (torture bill) Threatens Judicial Independenc

[madmusic]

How The Military Commissions Act of 2006 Threatens Judicial Independence: Attempting to Keep the Courts Out of the Business of Geneva Conventions Enforcement
By AZIZ HUQ
----
Tuesday, Sep. 26, 2006

Hailed first as a triumph of bipartisan compromise, the Military Commissions Act of 2006 (MCA) is now the focus of fierce criticism. Along the way, the MCA's sponsor, Senator John Warner (R-VA), and his colleagues Senators John McCain (R-AR) and Lindsay Graham (R-SC) capitulated on fair-trial rules and allowed incursions on the principle that cruel and inhumane treatment would be clearly criminalized.

These ugly compromises, rightly, have been well-publicized. Less remarked, but equally important, are the MCA's incursions on judicial independence, which I will address here.

The Federal Courts' Role in Wartime: In Early American History, and Now

Since the Founding, federal courts supervised executive conduct in wartime, even toward "enemy aliens" - and at times, found the executive had exceeded its legislatively defined power.

In 1804, in the Flying Fish case, Chief Justice John Marshall held a seizure of a French ship ultra vires because it went beyond the authority Congress had granted the President.

http://writ.news.findlaw.com/commentary/20060926_huq.html

Know what this is, DUers. It is not only about torture, or mostly about torture, it's about taking power from the judicial branch.

[mike_c]

1. yep-- torture is the least part of this monstrous crime....

The legislators who voted for the MCA attacked America today.

[uppityperson]

2. Exactly. The 3 branches are supposed to be seperate

So what is Supreme Court people are chosen by the pres, still they maintain some seperateness in what they do. They are supposed to be seperate, with seperate jobs, on purpose. Congressional passes laws, executive sets them into law, judicial interprets them. BS on having pres do judicial because THIS IS NOT THE EXECUTIVE BRANCH's JOB!!!. No way, no how. THIS is what is going down. NOT just torture, but giving judicial power to exec branch. Ask anyone who supports this "who do you think was the worst pres? Would you want him to be able to do this?'

[madmusic]

3. It was the plan all along.

If not 9/11, they would have found another excuse.