3 ms·
Congress can very easily act to define the terms of the debate on these legal questions by defining "due process" (and similar factors). The courts are obliged
by comrade_ogilvy 13y ago
Congress can very easily act to define the terms of the debate on these legal questions by defining "due process" (and similar factors). The courts are obliged to show reasonable deference to Congress.
Congress chooses not to, and that is implicit acceptance by the majority and minority leadership in both houses of Congress.