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What Hath Hamdan Wrought?

Jack Balkin has written this very interesting post on the just-passed Military Commissions Act of 2006. As he notes, the MCA is the political branches' response to the Supreme Court's Hamdan decision, but the MCA is unlikely to be the last word on the subject, as many provisions will be litigated. As Balkin writes: "Although it may seem that the Supreme Court doesn't have the last word on these questions, the Congress and the Executive Branch don't either."

Bruce Hayden (mail) (www):
I agree with much of what he said, but take issue with his asssertion that the president's primary duty is to make sure that the laws of the land are faithfully executed. Of course, this is where I have differed with many here on any number of related topics including this one and the NSA TSP.
9.29.2006 4:05pm