Discussion #2 (POSU 344)


In the Military Commissions Act of 2006, Congress passed the following language: “No court, justice, or judge shall have jurisdiction to hear or consider an application for a writ of habeas corpus filed by or on behalf of an alien detained by the United States who has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination.” (MCA § 7)
In the 2008 case of Boumediene v. Bush, the Supreme Court ruled this provision unconstitutional, thereby granting the prisoners in Guantanamo Bay access to Federal Courts to file habeas corpus petitions.
Do you believe that the U.S. Supreme Court should be the final arbiter of the meaning of the Constitution, specifically in this case and generally? Make sure to include supporting details explaining your reasons why / why not.



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