Court Reaffirms That The Constitution Still Applies, Even When Inconvenient
December 18, 2003 10:30 AM Subscribe
A courageous decision by the Second Circuit Court of Appeals [opinion] finds that the President does not have the power to detain U.S. citizens captured on U.S. soil as enemy combatants (at least not until Congress tells him he can). Normally, courts don't like to mess with the President when it comes to national security and foreign affairs, so this is a noteworthy decision, particularly given the fact that there was even a decent legal precedent supporting the Government's position.
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