posted on Jul, 11 2006 @ 09:42 AM
The Court overrides the Senate. When the Court makes a decision, it is considered an interpretation of the U.S. Constitution, which is the supreme
law of the land and cannot be set aside by an act of Congress.
What the Senate (together with the House or Representatives -- the Senate cannot act alone except in ratifying treaties or presidential appointments)
can do, is to try to find a way around the decision. Whether it can do this depends on how the decision was worded. I haven't read it. If the
Court ruled that military courts for civilians are out, period, then the Senate cannot do anything, but if the Court ruled that this particular
application of military courts was out for reasons A, B, C, then the Senate might try to find a way to allow military courts that doesn't present the
My guess is, there ain't no way, period. Well, no way short of amending the Constitution, anyway. The Constitution entitles every person accused of
a crime to a fair and impartial trial conducted by a jury of his/her peers in the location where the crime was committed, to representation by a
lawyer, etc. Military courts do not dispense criminal justice. They try violations of military code, not law. Sometimes the violations would also
be civilian crimes, but nonetheless a person convicted in a military court doesn't get a criminal record as a result. A person who enlists or
receives a commission in the military agrees to abide by military code and to be judged by military courts. A civilian agrees to no such thing.