In Hamdan v. Rumsfeld (2006), the Supreme Court considered whether it had jurisdiction under the Detainee Treatment Act (DTA) of 2005 to consider the habeas corpus petition of Salim Hamdan, who was being held at Guantanamo Bay. Although the dissent argued that the court did not have jurisdiction, a 6–3 majority Supreme Court decided that it did, and proceeded to rule on the merits. a) Suppose that the federal government wished to strip the Supreme Court of jurisdiction in all habeas corpus petitions of all individuals being held at Guantanamo Bay. Discuss what actions the president or Congress could take to do so. Discuss the potential basis for such power.
b) In the context of the scenario, discuss how such actions by the federal government would promote or interfere with the separation of powers, and discuss the potential constitutionality of any such actions.