Discussion #2 (POSU 344)

Discussion #2 (POSU 344) Paper details: In the Military Commissions Act of 2006, Congress passed the followin" rel="nofollow">ing 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 detain" rel="nofollow">ined by the United States who has been determin" rel="nofollow">ined by the United States to have been properly detain" rel="nofollow">ined as an enemy combatant or is awaitin" rel="nofollow">ing such determin" rel="nofollow">ination.” (MCA § 7) In the 2008 case of Boumediene v. Bush, the Supreme Court ruled this provision unconstitutional, thereby grantin" rel="nofollow">ing the prisoners in" rel="nofollow">in Guantanamo Bay access to Federal Courts to file habeas corpus petitions. Do you believe that the U.S. Supreme Court should be the fin" rel="nofollow">inal arbiter of the meanin" rel="nofollow">ing of the Constitution, specifically in" rel="nofollow">in this case and generally? Make sure to in" rel="nofollow">include supportin" rel="nofollow">ing details explain" rel="nofollow">inin" rel="nofollow">ing your reasons why / why not.