American Civil Liberties Union

Bills to Restore Habeas and Fix the MCA

RESTORING THE CONSTITUTION ACT OF 2007 (H.R. 1415, S. 576)

  • Ends indefinite detention. The RCA fixes the problems that the MCA caused in undermining the Constitution and the rule of law. It restores habeas corpus and due process at Guantanamo Bay and to other detainees held indefinitely by the federal government.
  • Makes clear that the Constitution is the law of the land. The RCA stops any president from arbitrarily deciding who is an enemy combatant, ensures that no one will be prosecuted based on evidence literally beaten out of a witness and that no president can make up his or her own rules regarding torture and abuse.
  • Ensures top government officials are held accountable. The bill makes sure that all felony torture and abuse can be prosecuted, even if the perpetrator is sitting in an office in Washington instead of serving as a private in the field.

HABEAS CORPUS RESTORATION ACT (H.R. 1416, S. 185)

  • Restores fundamental American values. The Habeas Corpus Restoration Act restores the constitutional due process right of habeas corpus that the Congress and the President took away with the Military Commissions Act.
  • Protects against unlawful detention. When we have people who have been held without charge in Guantanamo Bay for more than five years, there is nothing more fundamental than letting a court decide whether their continued detention is lawful.

LEARN MORE
> The Military Commissions Act and Habeas Corpus
> Habeas Corpus FAQs

NEWS
> ACLU Continues Monitoring Illegitimate Guantánamo Hearings This Week (3/12/2008)
> ACLU to Monitor Guantánamo Military Hearing Wednesday (12/4/2007)
> ACLU Names Inside-the-Beltway 'Best and Worst' for Civil Liberties in 2007 (1/3/2008)
> Military Commission Judge Rebuffs Bush Administration and Applies Geneva Conventions to Guantánamo Detainee (12/18/2007)
> Special U.N. Rapporteur on Human Rights Calls for Granting of Habeas Corpus Rights to Prisoners and an End to Indefinite Detentions (12/12/2007)
> Citing Destruction of Torture Tapes, ACLU Asks Court to Hold CIA in Contempt (12/12/2007)
> ACLU Cheers House and Senate Intel Bill Conferees for Including Provision Prohibiting Torture and Abuse (12/6/2007)
> ACLU Responds to CIA's Destruction of Harsh Interrogation Tapes (12/6/2007)

GET INVOLVED
Day of Action: Watch a Webcast of the Rally >>
FINDHABEAS.COM >>

THE FACTS
> About the Military Commissions Act
> About Detention

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