September 14, 2007
Military
Commissions Act
- Undermines the
Constitution and the rule of law. The Military Commissions Act (MCA)
eliminated the Constitution’s due process protection of habeas corpus, the basic
right to have a court decide if a person is imprisoned legally or illegally, for
detainees at Guantanamo Bay and elsewhere. It allows our
government to continue to hold hundreds of prisoners for more than five years
without charges, with no end in sight.
- Makes the President
both judge and jury. The MCA lets any president declare – on his or her own
– who is an enemy combatant, decide who should be held indefinitely without
being charged with a crime, and define what is – and what is not – torture and
abuse.
- Rejects core American
values. Habeas corpus is an important part of what separates
America from many other countries. To
do away with this American value makes us more like those we are fighting
against. It is time to restore due process, defend constitutional rights, and
protect what makes us Americans.
Restoring the Constitution Act of 2007 (H.R. 1415, S. 576)
- Ends indefinite
detention. The Restoring the Constitution Act (RCA) fixes the problems that
the MCA caused in undermining the Constitution and the rule of law. It restores
habeas corpus and due process at Guantanamo Bay and to other detainees held
indefinitely by the federal government.
- Makes clear that the
Constitution is the law of the land. The RCA stops any president from
arbitrarily deciding who is an enemy combatant, ensures that no one will be
prosecuted based on evidence literally beaten out of a witness and that no
president can make up his or her own rules regarding torture and abuse.
- Ensures top government
officials are held accountable. The bill makes sure that all felony torture
and abuse can be prosecuted, even if the perpetrator is sitting in an office in
Washington
instead of serving as a private in the field.
Habeas Corpus Restoration Act (H.R. 2826, S. 185)
- Restores fundamental
American values. The Habeas Corpus Restoration Act restores the
constitutional due process right of habeas corpus that the Congress and the
President took away with the Military Commissions Act.
- Protects against
unlawful detention. When we have people who have been held without charge in
Guantanamo
Bay for more than five
years, there is nothing more fundamental than letting a court decide whether
their continued detention is lawful.
For more information visit:
www.aclu.org/habeas
