For in response, Congress, at the President's request, quickly enacted the Military Commissions Act, emphatically reasserting that it did not want these prisoners filing habeas petitions. 1, 80–82 (1772) (ordering an African slave freed upon finding the custodian’s return insufficient); see generally Khera v. Secretary of State for the Home Dept., [1984] A. C. 74, 111 (“Habeas corpus protection is often expressed as limited to ‘British subjects.’ Is it really limited to British nationals? v. Douds, 339 U.S. 382, 435, 70 S. Ct. 674, 94 L. Ed. Ante, at 2259. At present, however, other than the detainees themselves, the only long-term residents are American military personnel, their families, and a small number of workers.
If the CSRT finds a particular detainee has been improperly held, it can order release. Magna Carta decreed that no man would be imprisoned contrary to the law of the land. 996 (1927). 119 Stat. in No. See 476 F.3d 981, 994, and n. 16 (C.A.D.C.2007); Brief for Federal Respondents 41-43.
Assuming the DTA can be construed to allow the Court of Appeals to review or correct the CSRT’s factual determinations, as opposed to merely certifying that the tribunal applied the correct standard of proof, we see no way to construe the statute to allow what is also constitutionally required in this context: an opportunity for the detainee to present relevant exculpatory evidence that was not made part of the record in the earlier proceedings. Our case law does not contain extensive discussion of standards defining suspension of the writ or of circumstances under which suspension has occurred. Rep., 600; 1 Blackstone *100-101. 542 U. S. 426, There is no indication, furthermore, that adjudicating a habeas corpus petition would cause friction with the host government. Nothing in Eisentrager says that de jure sovereignty is or has ever been the only relevant consideration in determining the geographic reach of the Constitution or of habeas corpus. Each denies he is a member of the al Qaeda terrorist network that carried out the September 11 attacks or of the Taliban regime that provided sanctuary for al Qaeda. Order No. DTA § 1005(a)(3). As a court of law operating under a written Constitution, our role is to determine whether there is a conflict between that Clause and the Military Commissions Act. In other words, even if the Court were to conclude that Eisentrager's rule was incorrect as an original matter, the Court would have to explain the justification for departing from that precedent. See Swain, 430 U.S., at 374-378, 97 S. Ct. 1224. A resolution passed by the New York ratifying convention made clear its understanding that the Clause not only protects against arbitrary suspensions of the writ but also guarantees an affirmative right to judicial inquiry into the causes of detention. 2d 734 (2005) ("The canon of constitutional avoidance comes into play only when, after the application of ordinary textual analysis, the statute is found to be susceptible of more than one construction; and the canon functions as a means of choosing between them"). Even so, from an early date it was understood that the King, too, was subject to the law. Even when the procedures authorizing detention are structurally sound, the Suspension Clause remains applicable and the writ relevant. 551 U. S. ___ (2007). STUDY. 2, of the Constitution has full effect at Guantanamo Bay. In the system conceived by the Framers the writ had a centrality that must inform proper interpretation of the Suspension Clause. Ante, at 2266 (internal quotation marks omitted).
While obligated to abide by the terms of the lease, the United States is, for all practical purposes, answerable to no other sovereign for its acts on the base. Take witness availability. Nowhere in the history of Section 2255 do we find any purpose to impinge upon prisoners’ rights of collateral attack upon their convictions. 581 (1891), which the Reid Court understood as holding that under some circumstances Americans abroad have no right to indictment and trial by jury. 499 (1946), and Ex parte Quirin, 317 U.S. 1, 63 S.Ct. 32 Stat. We need not explore it further at this stage. Suffice it to say that the case law has given an emphatic `no' to the question"). § 2241 (2000 ed. Like the petitioners here, the Germans claimed that their detentions violated the Constitution and international law, and sought a writ of habeas corpus. It is not credible at all. The majority's overreaching is particularly egregious given the weakness of its objections to the DTA. A second fact insufficiently appreciated by the dissents is the length of the disputed imprisonments, some of the prisoners represented here today having been locked up for six years, ante, at 2275-2276 (opinion of the Court). The majority contends that "[i]f Congress had envisioned DTA review as coextensive with traditional habeas corpus," it would have granted the D.C. The § 2241 habeas corpus process remained in place, id., at 525, 124 S. Ct. 2633. 1Pet. The Government’s evidence is accorded a presumption of validity. The Court, however, will not take "yes" for an answer. See Rasul v. Bush, 215 F. Supp. This is not a remote hypothetical.
50 U. S. C. §1541 (2000 ed., Supp. II of Northwest Ordinance of 1787, which provided that “[t]he inhabitants of the said territory, shall always be entitled to the benefits of the writ of habeas corpus”). Ibid. Gravity. We hold these petitioners do have the habeas corpus privilege.
That consequence would be tolerable if necessary to preserve a time-honored legal principle vital to our constitutional Republic.
2d 443 (1973). 2d 347 (2001) (SCALIA, J., dissenting); D'Oench, Duhme & Co. v. FDIC, 315 U.S. 447, 471, n. 9, 62 S. Ct. 676, 86 L. Ed. Therefore §7 of the Military Commissions Act of 2006 (MCA), The Government submits there has been compliance with the Suspension Clause because the DTA review process in the Court of Appeals, see DTA §1005(e), provides an adequate substitute. The cases before us, however, do not involve detainees who have been held for a short period of time while awaiting their CSRT determinations. That the Court devoted a significant portion of Part II to a discussion of practical barriers to the running of the writ suggests that the Court was not concerned exclusively with the formal legal status of Landsberg Prison but also with the objective degree of control the United States asserted over it.
We have frequently stated that we owe great deference to Congress's view that a law it has passed is constitutional. 119 Stat. Even when the importance of the writ was well understood in England, habeas relief often was denied by the courts or suspended by Parliament. Civil strife and the Interregnum soon followed, and not until 1679 did Parliament try once more to secure the writ, this time through the Habeas Corpus Act of 1679, 31 Car.
To hold the political branches have the power to switch the Constitution on or off at will is quite another.
Id., at 2260-2261. in No. Id., at 769-779, 70 S. Ct. 936; see Rasul, 542 U.S., at 475-476, 124 S. Ct. 2686 (discussing the factors relevant to Eisentrager's constitutional holding); 542 U.S., at 486, 124 S. Ct. 2686 (KENNEDY, J., concurring in judgment) (same). It appears the common-law habeas court’s role was most extensive in cases of pretrial and noncriminal detention, where there had been little or no previous judicial review of the cause for detention.
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