Re: Jihad Enters U.S. Courts

Author Rory B. Bellows

I agree with Aaron’s post. The court ignored the Constitution with their ruling on the Military Commissions Act of 2006. The Constitution, in Article 3, Section 2, Clause 2, states: In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

Congress crafted the Military Commission Act of 2006 to set up military tribunals to hear the cases of detainees. The Court was taken out of this by act of Congress and according to our founding document they have no jurisdiction.


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