Honest Argument - Node: Congress� authority to determine the jurisdiction of courts is a threat to the separation of powers

Argument:	Congress� authority to determine the jurisdiction of courts is a threat to the separation of powers
Node type:	Thesis
Node Text:	Congress� authority to determine the jurisdiction of courts is a threat to the separation of powers "A federal judge dismissed yesterday a challenge from Osama bin Laden's driver over his more than four years of detention at the Guantanamo Bay military prison, saying a new anti-terrorism law approved by Congress this fall removes the lower court's jurisdiction in the matter. U.S. District Judge James Robertson is the first to rule on the controversial Military Commissions Act (MCA), which authorizes military trials of alleged enemy combatants and removes their right to try to bring their cases before federal judges. Robertson dismissed Salim Ahmed Hamdan's petition because he said Congress clearly intended to keep such cases out of the federal courts. And he held that, as a foreigner with no voluntary ties to the United States, Hamdan has no claim to a constitutional right to habeas corpus." http://www.washingtonpost.com/... While suspected terrorists don't evoke (nor should they be accorded) great sympathy, and there are legitimate questions as to whether non-citizens are entitled to habeas corpus rights at all, this proscription of the federal courts' jurisdiction is nevertheless troubling.
Node Created:	Ulysses Berman — 2006-12-15 14:08:36

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