Posted by: bklunk | December 4, 2006

Hamdan and the MCA

ddellari brings us some information about the MCA’s. I wonder if the results of the 2006 elections will have any impact here?

Hamdan’s Attorneys File Brief on the Constitutional Defects of the Military Commissions Act

URL: Hamdan’s Attorneys File Brief on the Constitutional Defects of the Military Commissions Act

More news on the Military Commissions Act. The article reports that lawyers for Salim Hamdan have filed a legal brief challenging the constitutionality of parts of the recently enacted Military Commissions Act (MCA). According to the article, there are several specific aspects addressed in the brief. The first one is that the brief claims that the MCA violates the separation of powers principle of the Constitution. This is because the powers of the judicial branch are restricted. Another complaint is that it will set up a commission system to try Guantanamo detainees that will be more unconstitutional that the proposed one that was ruled against by the Supreme Court several months ago. Another point in the brief is that the MCA is a bill of attainder in that it is legal punishment by the legislature. Finally, the brief claims that the MCA violates the right to equal protection under the law, making non-US citizens inferior under the law. This has not been ruled on, the brief has merely been presented to the court. We will have to wait and see what if any, the repercusions from this will be.

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