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
  • Rep. Thomas Allen [D, ME-1]
  • 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]
  • Rep. Julia Carson [D, IN-7]
  • 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 Gutierrez [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]
  • Rep. Michael McNulty [D, NY-21]
  • Rep. Martin Meehan [D, MA-5]
  • 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 Sanchez [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

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• Defense policy
• Appellate courts
• Appellate procedure
• Armed forces
• 43 more
• Civil liberties
• Civil procedure
• Congress
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• 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
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• September 11, 2001
• Supreme Court
• Terrorism
• Terrorists
• Torture
• Treaties
• War crimes
• Warrants (Law)
• Witnesses

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Blog Coverage

August 15, 2008 阴谋与虔诚﹕西藏骚乱的来龙去脉（9）

（13）US Public Law 102—138, HR 1415, Foreign Relations Authorization Act, Fiscal Years 1992 and 1993, Washington, DC, October 28, 1991. （14）Grunfeld, A Tom, The Making of Modern Tibet (New York: ME Sharpe, 1996), p.238. ...

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July 04, 2008 Walberg Watch Video - Responding to a Constituent

HR 1415 (Restoring the Constitution Act) HR 1070 (Stamp Out Gang Violence Act - 110th Congress) HR 1070 (Constitution Restoration Act - 109th Congress) HR 69 (Disability Benefit Fairness Act) HR 699 (Pledge Protection Act) ...

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June 04, 2008 Restoring the Constitution Act of 2007, HR 1415

I’m happy to inform you that I am a co-sponsor of a similar bill to HR 3835, the Restoring the Constitution Act of 2007, HR 1415. This bill would restore the intent of the Constitution by re-asserting and shoring up the protection of ...

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