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Article I, Sec. 8, Clause 9 of the Constituion gives Congress the right to "constitute Tribunals inferior to the Supreme Court." (As I am sure that you know, a "tribunal is just a fancy word for "court." ) Article II, which applies to the executive branch, does not give the president the power to create any kind of tribunal.

Question: how can President Bush, Congress, or anyone create a tribunal which is superior to or independent of the Supreme Court? I am quite certain that the Supreme Court will say that they cannot.

Your comments on this point would be well appreciated, as are all of your posts on this topic.

"...anyone create a tribunal which is superior to or independent of the Supreme Court? I am quite certain that the Supreme Court will say that they cannot. "

See these Supreme Court decisions - Ex parte Quinn, 317 U.S. 1 (1942) ; In re Yamashita, 327 U.S. 1 (1946); and, Madsen v. Kinsella, 78 S. Ct. 697 (1952). In those cases, the jurisdiction of American military tribunals was upheld under the law of war, which is included within the law of nations.