History
The bill was introduced by former Senate Majority Leader Bob Dole, passed with broad bipartisan support by Congress (91-8-1 in the United States Senate, 293-133-7 in the House of Representatives) following the 1993 World Trade Center bombing and the 1995 Oklahoma City bombing, and signed into law by President Bill Clinton on April 24, 1996.
Soon after it was enacted, AEDPA endured a critical test in the Supreme Court. The basis of the challenge was that the provisions limiting the ability of persons to file successive habeas petitions violated Article I, Section 9, Clause 2 of the US Constitution, the Suspension Clause. The Supreme Court held unanimously in Felker v. Turpin, 518 U.S. 651 (1997), that these limitations did not unconstitutionally suspend the writ.
In 2005, the United States Ninth Circuit indicated that it was willing to consider a challenge to the constitutionality of AEDPA on separation of powers grounds under City of Boerne v. Flores and Marbury v. Madison, but has since decided that the issue had been settled by circuit precedent.
Read more about this topic: Antiterrorism And Effective Death Penalty Act Of 1996
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—Desiderius Erasmus (c. 14661536)
“While the Republic has already acquired a history world-wide, America is still unsettled and unexplored. Like the English in New Holland, we live only on the shores of a continent even yet, and hardly know where the rivers come from which float our navy.”
—Henry David Thoreau (18171862)
“He wrote in prison, not a History of the World, like Raleigh, but an American book which I think will live longer than that. I do not know of such words, uttered under such circumstances, and so copiously withal, in Roman or English or any history.”
—Henry David Thoreau (18171862)