Habeas corpus refers to the right of a person who has been detained by the government to challenge his detention in a court of law. Although the U.S. Constitution does not permit the suspension of habeas corpus except in case of invasion or rebellion, last September Congress did so anyway at the behest of the Bush Administration.
In a startling display of how easy it can be to disable even the most elementary constitutional protections, Congress enacted the Military Commissions Act of 2006, which would deprive suspected enemy combatants held abroad of their ability to seek judicial review of their status.
Proposed limits on habeas corpus were the subject of an intense and contentious hearing before the Senate Judiciary Committee recently, the record of which has just been published.
See “Examining Proposals to Limit Guantanamo Detainees’ Access to Habeas Corpus Review,” Senate Judiciary Committee, September 25.
Some of the more electric moments in the hearing were recounted in The New Yorker this week in a profile of Sen. Arlen Specter, who inexplicably condemned the proposed new restrictions on habeas corpus and then voted in favor of them. See “Killing Habeas Corpus” by Jeffrey Toobin, The New Yorker, December 4.
“In my view, [the Military Commissions Act] has dishonored our Nation’s proud history,” said Sen. Christopher Dodd (D-CT), who introduced legislation on November 16 that would repeal several of the Act’s provisions.
This rule gives agencies significantly more authority over certain career policy roles. Whether that authority improves accountability or creates new risks depends almost entirely on how agencies interrupt and apply it.
Our environmental system was built for 1970s-era pollution control, but today it needs stable, integrated, multi-level governance that can make tradeoffs, share and use evidence, and deliver infrastructure while demonstrating that improved trust and participation are essential to future progress.
Durable and legitimate climate action requires a government capable of clearly weighting, explaining, and managing cost tradeoffs to the widest away of audiences, which in turn requires strong technocratic competency.
FAS is launching the Center for Regulatory Ingenuity (CRI) to build a new, transpartisan vision of government that works – that has the capacity to achieve ambitious goals while adeptly responding to people’s basic needs.