H.R. 1416 would restore habeas corpus for those detained by the United States and repeal the prohibition on treaty obligations establishing grounds for certain claims.
Detailed Summary
Habeas Corpus Restoration Act of 2007- Repeals provisions of the Military Commissions Act of 2006 that eliminated the jurisdiction of any court to hear or consider applications for a writ of habeas corpus filed by aliens who have been determined by the United States to have been properly detained as enemy combatants (or who are awaiting such determination) and actions against the United States relating to the detention of such aliens and to military commissions (thus restoring habeas corpus rights existing prior to the enactment of such Act).
Allows courts to hear or consider legal challenges to military commissions only as provided by the Code of Military Justice or by a habeas corpus proceeding.
Repeals the prohibition in the Military Commissions Act of 2006 against invoking the Geneva Convention as a source of rights in any habeas corpus or other civil actions in which the United States or a member of the Armed Forces is a party.
Status of the Legislation
Latest Major Action: 3/19/2007: Referred to House subcommittee. Status: Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
Points in Favor
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Points Against
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Visitor Comments
Padric
This act is absolutely necessary to repair the damage done by President George Bush to our legal system. The denial of habeas corpus, a BASIC legal right, is absolutely unfathomable and completely unAmerican
Wayne Lanier, PhD
H.R.1416IH and S185 will help repair the Constitutional wreckage wrought by the Republican Majority of. We cannot retain our freedoms if we join the Religious terrorists who would abandon all freedoms.
rightview
There is CLEAR provision for suspension of habeas corpus in the U.S. Constitution Article 1 Section 9
anonymous
"The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."
There is no rebellion and there is no invasion that I know about. Unless you count fanatics who live in a third world country half a world away.
How many nukes did the Russians have during the Cold War? And now we are having our rights taken away for no good reason. The terrorist have already won.
Patriot
Rightview, if the "provision for suspension" is so clear, why can't you defend it? Just capitalizing "clear" doesn't clarify anything. Clearly we need not fear rebellion, 9/11 wasn't a rebellion. To consider 9/11 an invasion would require a very liberal view of the constitution. As conservatives we should guard the constitution better than that. Unfortunately we've done a very poor job of that for the past several years.
political.middle.ground
All habeas corpus does is require the government to show cause for the person's detention, and determine if such cause is legally sufficient. If the President is legally detaining individuals, habeas corpus will not disturb those detentions. The writ merely ensures that the one doing the detaining is not also the final say on its legality.
Anonymous
If you think about it, suspending habeas courpus would be like throwing nine of the first ten Amendments out the window. Quartering troops is all thats left.