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Constitutions

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"Constitutions"

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Ogged asks: “Isn’t the Say Goodbye to America bill about as unconstitutional as can be? I understand that there are ‘no judicial review’ provisions, but might not those provisions themselves be unconstitutional? Surely some clever lawyer could cook up enough standing to challenge the bill in court?”

There will certainly be challenges, but I wouldn’t count on anything. The court-stripping issue hasn’t been litigated all that much, but the idea that congress has the power to do this kind of thing has some real support from the text of the constitution. What’s more, courts are generally disinclined to interfere in national security questions. And, of course, there’s no particular reason to think that the Supreme Court’s five conservative justices disagree with America’s conservative politicians about this. You never really know what’s going to happen, but we have a political system for a reason . . . if people elect politicians who want to give the president the power to indefinitely detain and torture people on the basis of his say-so that they’re terrorists then the president is going to end up with the power to indefinitely detain and torture people on the basis of his say-so.

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