On Nov. 13, President Bush signed a military order authorizing military commissions to try to sentence certain noncitizens detained in the aftermath of the terrorist attack on the World Trade Center. Pursuant to that order, military officials in the United States can conduct trials (which may be closed to the public and may rely on evidence not disclosed to the defendant) and can impose a sentence of death. The order further seeks to bar judicial review of such proceedings.

The exercise of the judicial power by military authorities and the dispensation of the right to trial by jury raise fundamental constitutional questions that the U.S. Supreme Court has addressed in two cases.

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