Rationalizing the Constitution: The Military Commissions Act and the Dubious Legacy of Ex Parte Quirin
92 Pages Posted: 8 Jun 2013
Date Written: 2008
The Article’s title is taken from Justice Jackson’s dissent in Korematsu v. United States. In it, I offer an originalist critique to the Military Commissions Act of 2006, which authorizes the prosecution of alleged "war on terror" offenders by military tribunals. I argue that irrespective of congressional authorization, such extra-Judicial prosecution encroaches upon quintessential Article III functions and thereby violates the separation of powers.
Keywords: military commissions, war on terrorism, war on terror, separation of powers, Guantanamo
Suggested Citation: Suggested Citation