[Jacquerie]

Article III Section 2 second paragraph; establishes that the supreme Court shall have Jurisdiction “with such Exceptions and under such Regulations as Congress shall make.” The Military Commissions act explicitly stated that the military tribunals were constitutional and the courts to which enemy combatants had access.

I am aware of Art III Sec 2, but not of the clause in the MCA. Since you obviously read much on the subject, do you know if and how the dissenters referenced the MCA clause?

If the majority clearly ignored its lack of jurisdiction, then we have a lot more than run of the mill liberal abuse of power, we have no sh!t impeachable offenses.

[Libertarianize the GOP]

If I read the decision correctly the court held that the Constitution’s provision for suspending habeas takes precedence over the MCA or the DTA and that congress did not properly suspend habeas corpus because the conditions today don’t meet the justifications in the Constitution. And since the Court have assumed the role of final arbitrator for what is constitutional Article III Section 2 did not come up.

[Libertarianize the GOP]

You can download a pdf of the decision and read it, pg 14 seems the most relevant but you may want to read some of what leads up to it.
http://supreme.lp.findlaw.com/supreme_court/docket/2007/december/boumediene-v-bush-06-1195.html