President Bush Signs Un-American Military Commissions Act

[GHook93]

Quote by: RickSp Say what? You just make this stuff up? The Supreme Court does indeed pick and choose which cases it will hear.

Where did I state that. When the constitutionality is 1st time law is contested, then the Supreme Court has to decide on the constitutionality of the law. That is the how point the Supreme Court doesn't interpret a statute until it is contested by a Party who has a valid case in controversy.


What is the whole point of this discussion.

Do you believe the supreme court is going to make a decision on the constitutionality of the MCA in the Padilla case?

If yes, then what's your point.
Either way I believe we derailed the topic enough.

[GHook93]

He as labeled an enemy combatant subject to Ex parte Quirin, a Supreme Court decision from 1942. (The Bush adminsitration has used and abused this ruling to justify their abuses prior to MCA.).

I am familar with Ex Parte Quirin. This distinguished between lawful (POWs) and unlawful combatants. The court if I remember correct unlaw combatants have the right to a fair case.

The MCA was created in reaction to the verdict in United States v. Hamdi. This was the 2nd American Taliban. It held that he couldn't be held as an enemy combatant. This is going to be damning case against the MCA as will Ex Parte Quirin.

[GHook93]

Quote by: grandpa The problem with the system is it involves huge criminals going after little ones. Grandpa h.

How so?

[RickSp]

Hamdi or son of Hamdi will be a likely test case. To my knowledge Padilla is no longer an enemy combatant, merely an accused terrorist. And as noted previously he may or may not be fit to stand trial following the torture and abuse he received as an enemy combatant.

[GHook93]

Quote by: RickSp Hamdi or son of Hamdi will be a likely test case. To my knowledge Padilla is no longer an enemy combatant, merely an accused terrorist. And as noted previously he may or may not be fit to stand trial following the torture and abuse he received as an enemy combatant.

From what I read he is still an enemy combatant and the government is going to defend on the MCA stating, Padilla has no right to contest his detainment, pursuant to the MCA.

The Hamdi case will be the most damaging precedence against the MCA.

[RickSp]

Quote by: GHook93 From what I read he is still an enemy combatant and the government is going to defend on the MCA stating, Padilla has no right to contest his detainment, pursuant to the MCA. The Hamdi case will be the most damaging precedence against the MCA.

Padilla has been transfered from military to civilian custody, has access to a civilian attorney and will be tried in civilian court. Doesn't sound like he is an enemy combatant anymore.

José Padilla

[G. Adams]

Quote by: GHook93 No law is constitutional until the Supreme Court says it is. Congress can pass any law it chooses (constitutional or unconstitutional). It is up to the Supreme Court to interpretate it. We will see after that point

Was Mt. Everest not the biggest mountain until it was measured?

[grandpa]

Quote by: GHook93 How so?

Anyone who orders murderous campaigns wherein the innocent is punished along the guilty is a criminal in my book.

The US supported Saddam Hussein, the genocide in East Timor, Turkey's persecution of Kurds, slaughter campaigns in El Salvador, terrorist governments in Nigeria, etc. etc.

Grandpa h.