Restoring the Constitution Act of 2007

Bill: 110-hr-1415
Sponsor: Rep. Nadler, Jerrold [D-NY-8]
Introduced: 2007-03-08 in the House
Policy area: Armed Forces and National Security
Subjects: Appellate courts
Appellate procedure
Civil Rights and Liberties, Minority Issues
Civil procedure
Congress
Congress and foreign policy
Congressional oversight
Conspiracy
Constitutional law
Courts-martial and courts of inquiry
Crime and Law Enforcement
Criminal procedure
Discovery (Law)
District courts
Due process of law
Evidence (Law)
Exclusionary rule (Evidence)
Government Operations and Politics
Government attorneys
Habeas corpus
Hearsay evidence
Human rights
International Affairs
Iraq compilation
Judicial review
Jurisdiction
Law
Lawyers
Presidential powers
Prisoners of war
Punishment
Searches and seizures
September 11, 2001
Supreme Court
Terrorism
Torture
Treaties
War crimes
Warrants (Law)
Witnesses

Summary:
action_date: 2007-03-08
text: 
Restoring the Constitution Act of 2007 - Amends federal provisions concerning the prosecution of unlawful enemy combatants by U.S. military commissions to, among other things: (1) repeal the authority for civilian trial (prosecution) counsel in a commission proceeding, but authorize civilian military defense counsel; (2) exclude statements made by coercion; (3) authorize the Secretary of Defense to make exceptions to commission procedures and rules of evidence as required by unique circumstances of military or intelligence operations during hostilities; (4) provide for self-representation by the accused, while requiring assistance by military defense counsel; (5) authorize the military judge to dismiss charges or take other action upon a determination that substitute information for classified exculpatory evidence is insufficient to protect the fair trial right of the defendant; (6) require commission decision review by the U.S. Court of Appeals for the Armed Forces rather than by the Court of Military Commission Review; (7) provide the scope of review of detention-related decisions; (8) repeal a provision of the Military Commissions Act of 2006 prohibiting invoking the Geneva Conventions (Conventions) or similar protocols in any habeas corpus or other action to which the United States is a party; (9) require the President to notify other parties to the Conventions that the United States expects members of U.S. Armed Forces and other U.S. citizens detained in a conflict not of an international character to be treated in a manner consistent with the Conventions; (10) include as War Crime offenses the denial of trial rights and the imposition of cruel, inhuman, or degrading treatment or punishment; (11) restore habeas corpus for individuals detained by the United States; and (12) provide for expedited judicial review of civil actions that challenges any provision of the Military Commissions Act of 2006.


Legislative actions:
action_date: 2007-04-20
text: Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
action_date: 2007-03-08
text: Referred to the Committee on Armed Services, and in addition to the Committees on the Judiciary, and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2007-03-08
text: Referred to the Committee on Armed Services, and in addition to the Committees on the Judiciary, and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2007-03-08
text: Referred to the Committee on Armed Services, and in addition to the Committees on the Judiciary, and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2007-03-08
text: Referred to the Committee on Armed Services, and in addition to the Committees on the Judiciary, and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2007-03-08
text: Introduced in House
action_date: 2007-03-08
text: Introduced in House