3 ms·

Yeah but that still leaves the laws the US gives itself, see other reply.

• rayiner 13y ago
  Of course the U.S. could pass laws or Constitutional amendments limiting how the government can treat foreigners on foreign soil, though even then are questions of enforceability. The executive was designed to be able to exercise all of the powers of the European sovereigns when it came to the world outside the U.S. Meanwhile, the courts are fundamentally domestic institutions. So if Congress created a law banning the President from conducting drone strikes of foreign nationals in Afghanistan, and someone sued the President in federal court to enforce that law, there would be multiple separation of powers problems. First, the law is quite possibly an impermissible impingement by Congress onto the military discretion of the President. Second, even hearing the case would quite possibly be an impermissible impingement by the judiciary into political affairs.