Congress Could Force a Judge to Review All Detainees' Status

[CharlesGroce]

I was just being a huge Progressive Democrat, probably something you're not, and was reviewing a bit of our constitution, that legal document which, when not circumvented and misinterpreted, ensures proper representative government, when I stumbled upon this:

Article III Section II:"

...

The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.

... "

Congress could grant a judge jurisdiction over the crimes against Guantanamo detainees, among others. It's right there in the constitution. It sort of gives a local flavor to the fight for civil liberties, with local pressure we could force our congressional representatives to enforce their constitutional responsibility.

[Eric J in MN]

1. Congress also has the power to "make Rules concerning Captures on Land "

Yes, also:

"Article I, Section 8,Clause 11:

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;"

[shraby]

2. BUT our congress has chosen

not to do their duty. They also passed the Patriot Act which steps all over the constitution despite the fact that when they take their oaths of office they promise to uphold and defend the constitution. Whistle me that???

[Taylor Mason Powell]

3. I don't think you've got that right.

Under the Constitution, Congress is not permitted to add to or take away from the jurisdiction of Article III courts.

Notice that your quote from section 2 says, "at such place or places as the Congress may by law HAVE DIRECTED," i.e. previously. If Congress could just confer jurisdiction in the manner you suggest, it would read, "at such place or places as the Congress may by law DIRECT." In other words, if there isn't already a law covering crimes at Guantanamo, Congress can't just come in and say, "Now you have jurisdiction."