bigmacbear: Me in a leather jacket and Hockey Night in Canada ball cap, on a ferry with Puget Sound in background (Default)
bigmacbear ([personal profile] bigmacbear) wrote2006-10-19 01:03 am

Constitutional question

I read with increasing frequency provisions inserted into various pieces of legislation that purport to prohibit review of that legislation by any court, up to and including the Supreme Court. (Such a clause, for instance, is present in the heinous Military Commissions Act of 2006.)

It would be interesting to hear from someone well-versed in Constitutional law as to whether the courts may be bound by such provisions, or whether such provisions are unconstitutional on their face and thus not binding upon the courts.

[identity profile] teddyb.livejournal.com 2006-10-19 10:24 am (UTC)(link)
I'm no legal scholar, but I have to believe that even the current Supreme Court, stacked as it now is with Bush appointees, would strike down any such provision as an unreasonable reach beyond the powers of the Executive Branch into what is clearly the territory of the Judicial Branch.

Like you, though, I'd be very interested to hear the view of someone who studies Constitutional law.