an unanticipated consequence of
Jack M. Balkin
Jack Balkin: jackbalkin at yahoo.com
Bruce Ackerman bruce.ackerman at yale.edu
Ian Ayres ian.ayres at yale.edu
Mary Dudziak mary.l.dudziak at emory.edu
Joey Fishkin joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber mgraber at law.umaryland.edu
Stephen Griffin sgriffin at tulane.edu
Bernard Harcourt harcourt at uchicago.edu
Scott Horton shorto at law.columbia.edu
Andrew Koppelman akoppelman at law.northwestern.edu
Marty Lederman marty.lederman at comcast.net
Sanford Levinson slevinson at law.utexas.edu
David Luban david.luban at gmail.com
Gerard Magliocca gmaglioc at iupui.edu
Jason Mazzone mazzonej at illinois.edu
Linda McClain lmcclain at bu.edu
John Mikhail mikhail at law.georgetown.edu
Frank Pasquale pasquale.frank at gmail.com
Nate Persily npersily at gmail.com
Michael Stokes Paulsen michaelstokespaulsen at gmail.com
Deborah Pearlstein dpearlst at princeton.edu
Rick Pildes rick.pildes at nyu.edu
Alice Ristroph alice.ristroph at shu.edu
Neil Siegel siegel at law.duke.edu
Brian Tamanaha btamanaha at wulaw.wustl.edu
Mark Tushnet mtushnet at law.harvard.edu
Adam Winkler winkler at ucla.edu
When Will the Military Commissions Act Become Law?
Not, it appears, for at least another week. The bill, S.3930, was "cleared" for the White House ten days ago, but has not yet actually been presented to the President, and so the ten-day clock has not yet begun to run. Odds are that the White House has asked the Congress to hold off, so that the Administration can schedule the signing statement for a date of its choosing.
But the GOP made out that it was critical to pass this bill before the election. Now Bush doesn't know when he's going to sign it? Something doesn't compute here. Or, rather, something computes all too well.
By the way, what's the case law (if any) on presentation? How long can congress delay presenting a bill? For months? Years? Forever? If this power is unbounded, we will soon be treated to congresses passing loads of wishlist items that otherwise would be vetoed, then putting them on indefinite hold until the presidency is occupied by someone who won't veto them. That's a really Bad Thing because it separates the congressional debate (ha!) from the enactment, thus making it much more difficult for the public to supervise the congress and the president.
I wonder how long it will take until this law comes before the supreme court.
This is from a report of "Deutsche Welle": In a speech at the Brookings Institution on thursday, retired supreme court justice Sandra Day O'Connor cited the constitution, saying habeas corpus may only be supended in time of rebellion or invasion.
With a sense of irony she added, there were no cases of rebellion or invasion in the recent history of the united states. Everybody would come to that conclusion. No one in the audience seemed to disagree.