Jesse Choper and John Yoo,
Wartime Process: A Dialogue on Congressional Power to Remove Issues from the Federal Courts, 95
Cal. L. Rev. (Fall )
Available at: http://scholarship.law.berkeley.edu/facpubs/1989
The article presents the authors' dialogue that seeks to clarify the issues at stake in the U.S. Congress' enactment of the Military Commission Act of 2006 (MCA), an act that raised several complicated constitutional issues. They note that limiting the habeas corpus jurisdiction of the federal courts for aliens held at Guantanamo Bay in Cuba may present error correction, but it also debunks the MCA to attack as unconstitutional jurisdiction stripping or an illegal suspension of the writ of habeas corpus. Their dialogue identifies and articulates the conflict between two long-standing constitutional principles: one which lies congressional control over the jurisdiction of the courts, and on the other side rests the Due Process Clause's requirement.