Does the MCA Violate the Suspension Clause of the United States Constitution?
The detainees argue that the MCA violates the Suspension Clause of the United States Constitution, which states, “The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.” U.S. Constitution, Art. 1, 9 .Because there is no rebellion or invasion to justify the suspension of habeas corpus, the MCA violates the Constitution. See Brief for Boumediene Petitioners at 9-10; Brief for Petitioners Al Odah at 12. The government counters that rebellion and invasion both refer to emergencies inside the United States, and that the current terrorist threat qualifies as such an emergency. See Brief for Respondents at 15. The government also argues that the Suspension Clause’s omission of overseas military operations demonstrates that the clause does not apply to aliens detained outside the United States. See id.
