By writing into law for the first time the definition of an "unlawful enemy combatant," the bill empowers the executive branch to detain indefinitely anyone it determines to have "purposefully and materially" supported anti-U.S. hostilities.
By writing into law for the first time the definition of an "unlawful enemy combatant," the bill empowers the executive branch to detain indefinitely anyone it determines to have "purposefully and materially" supported anti-U.S. hostilities.
The administration attempted to make the bill bulletproof by including provisions that would sharply restrict judicial review and limit the application of international treaties -- signed by Washington -- that govern the rights of wartime detainees. The bill also contains blunt assertions that it complies with U.S. treaty obligations.
University of Texas constitutional law professor Sanford V. Levinson described the bill in an Internet posting as the mark of a "banana republic."
Yale Law School Dean Harold Koh said that "the image of Congress rushing to strip jurisdiction from the courts in response to a politically created emergency is really quite shocking, and it's not clear that most of the members understand what they've done."
Georgetown University law professor Neal Katyal said the bill's creation of two systems of justice may violate the Constitution's 14th Amendment, which requires equal protection of the laws to anyone under U.S. jurisdiction.
29 September, 2006
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment