"The president walked away with a lot more than most people thought," Ackerman said. He said the bill "further entrenches presidential power" and allows the administration to declare even a U.S. citizen an unlawful combatant subject to indefinite detention. "And it's not only about these prisoners," Ackerman said. "If Congress can strip courts of jurisdiction over cases because it fears their outcome, judicial independence is threatened."
Even if the Supreme Court decides it has the power to hear challenges to the new law, the Bush administration has gained a crucial advantage. In adding a congressional imprimatur to a comprehensive set of procedures and tactics, lawmakers explicitly endorsed measures of the sort that in some other eras had been achieved by executive fiat. Earlier Supreme Court decisions have suggested that the president and Congress acting together in the national security arena can be an all but unstoppable force.
The debate over the limits of torture and the rules for military commissions dominated discussion of the bill until this week. Only in the last few days has broad attention turned to its redefinition of "unlawful enemy combatant" and its ban on habeas corpus petitions that suspects have traditionally used to challenge their incarceration.
From antiwar.com
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