Restoring the Constitution Act of 2007

To provide for the effective prosecution of terrorists and guarantee due process rights.

3/8/2007--Introduced.
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.


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Sponsor

• Rep. Jerrold Nadler [D, NY-8]
• and 76 Co-Sponsors
  • Thomas Allen
  • Rep. Michael Arcuri [D, NY-24]
  • Rep. Tammy Baldwin [D, WI-2]
  • Rep. Earl Blumenauer [D, OR-3]
  • Rep. Robert Brady [D, PA-1]
  • Rep. Lois Capps [D, CA-23]
  • Rep. Michael Capuano [D, MA-8]
  • Julia Carson
  • Rep. Yvette Clarke [D, NY-11]
  • Rep. William Clay [D, MO-1]
  • Rep. Steve Cohen [D, TN-9]
  • Rep. Jerry Costello [D, IL-12]
  • Rep. Joe Courtney [D, CT-2]
  • Rep. Elijah Cummings [D, MD-7]
  • Rep. Danny Davis [D, IL-7]
  • Rep. Peter DeFazio [D, OR-4]
  • Rep. Diana DeGette [D, CO-1]
  • Rep. William Delahunt [D, MA-10]
  • Rep. Rosa DeLauro [D, CT-3]
  • Rep. Lloyd Doggett [D, TX-25]
  • Rep. Michael Doyle [D, PA-14]
  • Rep. Keith Ellison [D, MN-5]
  • Rep. Anna Eshoo [D, CA-14]
  • Rep. Sam Farr [D, CA-17]
  • Rep. Chaka Fattah [D, PA-2]
  • Rep. Bob Filner [D, CA-51]
  • Rep. Barney Frank [D, MA-4]
  • Rep. Kirsten Gillibrand [D, NY-20]
  • Rep. Raul Grijalva [D, AZ-7]
  • Rep. Luis Gutiérrez [D, IL-4]
  • Rep. John Hall [D, NY-19]
  • Rep. Jane Harman [D, CA-36]
  • Rep. Maurice Hinchey [D, NY-22]
  • Rep. Mazie Hirono [D, HI-2]
  • Rep. Paul Hodes [D, NH-2]
  • Rep. Rush Holt [D, NJ-12]
  • Rep. Michael Honda [D, CA-15]
  • Rep. Jesse Jackson [D, IL-2]
  • Rep. Sheila Jackson-Lee [D, TX-18]
  • Rep. Henry Johnson [D, GA-4]
  • Rep. Steve Kagen [D, WI-8]
  • Rep. Patrick Kennedy [D, RI-1]
  • Rep. Dennis Kucinich [D, OH-10]
  • Rep. John Larson [D, CT-1]
  • Rep. Barbara Lee [D, CA-9]
  • Rep. John Lewis [D, GA-5]
  • Rep. Zoe Lofgren [D, CA-16]
  • Rep. Carolyn Maloney [D, NY-14]
  • Rep. Edward Markey [D, MA-7]
  • Rep. Doris Matsui [D, CA-5]
  • Rep. Betty McCollum [D, MN-4]
  • Rep. James McGovern [D, MA-3]
  • Michael McNulty
  • Martin Meehan
  • Rep. George Miller [D, CA-7]
  • Rep. James Moran [D, VA-8]
  • Rep. Richard Neal [D, MA-2]
  • Rep. Eleanor Norton [D, DC-0]
  • Rep. James Oberstar [D, MN-8]
  • Rep. John Olver [D, MA-1]
  • Rep. Edward Pastor [D, AZ-4]
  • Rep. David Price [D, NC-4]
  • Rep. Charles Rangel [D, NY-15]
  • Rep. Steven Rothman [D, NJ-9]
  • Rep. Linda Sánchez [D, CA-39]
  • Rep. Janice Schakowsky [D, IL-9]
  • Rep. Robert Scott [D, VA-3]
  • Rep. José Serrano [D, NY-16]
  • Rep. Louise Slaughter [D, NY-28]
  • Rep. Fortney Stark [D, CA-13]
  • Rep. John Tierney [D, MA-6]
  • Rep. Debbie Wasserman Schultz [D, FL-20]
  • Rep. Melvin Watt [D, NC-12]
  • Rep. Henry Waxman [D, CA-30]
  • Rep. Peter Welch [D, VT-0]
  • Rep. Lynn Woolsey [D, CA-6]
  close

Committees

• House Judiciary
• 3 more
  • House Armed Services
  • House Foreign Affairs
  • House Judiciary
  close

Amendments

This bill has no amendments.

Amendments to H.R.1415

Number	Status	Purpose

Bill Status

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Introduced		Voted on by House		Voted on by Senate		Considered By President		Bill Becomes Law
March 08, 2007

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All Bill Actions

• Apr 20, 2007: Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
• Mar 08, 2007: Referred to House Foreign Affairs
• Mar 08, 2007: Referred to House Judiciary
• Mar 08, 2007: Referred to House Armed Services
• Mar 08, 2007: 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.
• Introduced on Mar 08, 2007.

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Related Bills:

• S.576

Related Issue Areas:

• Defense policy
• Appellate courts
• Appellate procedure
• Armed forces
• 43 more
• Civil liberties
• Civil procedure
• Congress
• Congress and foreign policy
• Congressional oversight
• Conspiracy
• Constitution
• Constitutional law
• Counterterrorism
• Courts-martial and courts of inquiry
• Criminal justice
• Criminal procedure
• Discovery (Law)
• District courts
• Due process of law
• Evidence (Law)
• Exclusionary rule (Evidence)
• Foreign policy
• Government attorneys
• Habeas corpus
• Hearsay evidence
• Human rights
• Intelligence activities
• International affairs
• Iraq compilation
• Judicial review
• Jurisdiction
• Law
• Lawyers
• Presidential powers
• Presidents
• Prisoners of war
• Punishment
• Searches and seizures
• September 11, 2001
• Supreme Court
• Terrorism
• Terrorists
• Torture
• Treaties
• War crimes
• Warrants (Law)
• Witnesses

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Blog Coverage

December 13, 2008 Military Commissions Act of 2006: Analyses: Jennifer K. Elsea

This book identifies pending legislation, including H.R. 267, H.R. 1585, H.R. 2543, H.R. 2826, S. 1547, S. 1548, H.R. 1416, S. 1876, S. 185, S. 576, S.447, H.R. 1415 and H.R. 2710.Finally, this book provides two tables comparing the MCA ...

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September 18, 2008 Views from a Corner Vigil: Open Letter to St. Paul MN Mayor Cole ...

Michael Moore's "Sicko" petition "Pass H.R. 676." - universal Medicare · Support Congr. Robert Wexler's petition to proceed with impeachment hearings in the House Judiciary Committee · Restore Constitutional Rights

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September 11, 2008 restore habeas corpus

ask him/her to support the restoring the constitution act of 2007, hr 1415, cosponsored by jerry nadler (d-ny), jane harman (d-ca), janice schakowsky (d-il), sheila jackson-lee (d-tx), keith ellison (d-mn), barney frank (d-ma), ...

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