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> a power granted by the Constitution from the beginning To the congress, not to the president: https://en.wikipedia.org/wiki/Ex_parte_Merryman https://en.wiki
by infraruby 12y ago
> a power granted by the Constitution from the beginning
To the congress, not to the president: https://en.wikipedia.org/wiki/Ex_parte_Merryman https://en.wikipedia.org/wiki/Ex_parte_Merryman
- dmix 12y agoWhich was reiterated in the courts in 2004 in Hamdi vs Rumsfeld: > Though no single opinion of the Court commanded a majority, eight of the nine justices of the Court agreed that the Executive Branch does not have the power to hold a U.S. citizen indefinitely without basic due process protections enforceable through judicial review. https://en.wikipedia.org/wiki/Hamdi_v._Rumsfeld https://en.wikipedia.org/wiki/Hamdi_v._Rumsfeld
- MarkMc 12y agoInteresting - makes me wonder whether the same thing could happen today. That is, are there circumstances where the US military might side with the president over the constitution?
- tokenadult 12y agoIt's interesting that that was a decision by Justice Taney. But, yes, one would expect an Article I power to be a power of Congress.