[Dan(9698)]

Military commissions are provided by the Constitution? Where?

They are under the part that says about the Commander in Chief. Article 2, section 2

They are provided under Article 1, section 8 where the poser of Congress to provide rules for the armed forces.

They are in the Laws of War, which were passed by Congress and signed by the President in the 1700s, which regulate how wars are run.

Military Commissions or Tribunals are nothing new.

[inquest]

I think it's assuming to much to just say flat out that they're "provided by the Constitution", as if that's a plainly obvious fact. If you want to argue that's the right way to interpret the Constitution, that's one thing, but these commissions are not provided for in the same way that the civilian court system is provided for. And since there's a danger that these commissions can undermine the civilian court system as well as the full panoply of checks and balances that the Constitution sets up, claims of constitutionality for these things should not be made lightly, and ought to be constantly reevaluated.